Last updated August 12, 2026

ActinGym Terms of Use

Effective date: 12 August 2026 Last updated: 12 August 2026

These Terms of Use are the agreement between you and ActinGym ("ActinGym", "we", "us", "our"). They cover all ActinGym services. For the app, this document is also the End User Licence Agreement (EULA).

Personal information is covered by the ActinGym Privacy Policy, which is part of this agreement. Where both documents touch the same subject, the Privacy Policy governs the privacy question and this document governs the contract question.

1. Agreeing to these Terms

By tapping "Continue", "Agree", "Create account" or any similar control, by creating an account, or by using the app or the website, you agree to these Terms. If you do not agree, do not use ActinGym.

We keep a record of the version you accepted and when.

This agreement is between you and ActinGym only. It is not an agreement with Apple, and Apple is not responsible for ActinGym or its content. Section 14 sets out the App Store terms in full.

2. Who can use ActinGym, and your account

2.1 You must be 18 or older

ActinGym is for adults. You must be at least 18 years old to create an account, to subscribe, or to upload a tape.

Your age representation. By accepting these Terms, you represent and warrant that you are at least 18 years old, that the information you give us when you sign up is true, and that you are not barred from using ActinGym under the law of the place you live. We rely on this representation in agreeing to provide the service to you.

If you are not 18, do not create an account, do not upload a tape, and do not ask an adult to create an account for you to use. If we learn or reasonably believe that an account holder is under 18, we may suspend or close the account and end access.

2.2 Your account is yours

You sign in with Apple or with Google, so keep control of that account: whoever controls it controls your ActinGym account. Do not share, sell or transfer your account, and do not create one on someone else's behalf. You are responsible for activity under your account, including uploads, and should email hello@actingym.com straight away if someone else has access. Keep your account information accurate: if your email stops working, notices we send still count as delivered.

We may suspend or close an account, or restrict features, if we reasonably believe you have broken these Terms, if the law requires it, if there is fraud or a security risk, or if continuing to serve you exposes ActinGym or another person to legal risk. Where practical and lawful, we will tell you why.

2.3 Where you are

ActinGym is operated from the United States. If you use it elsewhere, you do so on your own initiative and are responsible for local law. You represent that you are not located in, and are not a national or resident of, a country subject to a United States Government embargo or designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.

3. What ActinGym is, and what it is not

You upload a video you recorded yourself, and the service returns craft scores, notes tied to timestamps, and training exercises. You can also upload a script or sides. There is no camera and no microphone in the ActinGym app. The app does not record you.

NO ONE AT ACTINGYM WATCHES YOUR TAPES TO SCORE THEM.

Your scores, your notes and your exercises are generated entirely by automated processing, machine learning and artificial intelligence systems, including automated analysis of how your delivery and emotional expression read on camera. There is no human review queue, no panel of coaches, and no quality-check step where a person watches your tape and adjusts your result.

Nothing in this document is a promise that a human being reviews, checks, moderates or corrects your analysis, because none does.

The Privacy Policy says where the parts of your tape go and the two narrow situations in which a person at ActinGym might see content. Section 8 explains what an automated analysis does, and does not, mean for you.

ActinGym is a training tool. It is not a casting service, an agency, a talent representative, a school that awards credentials, a therapist, or a medical or mental health provider. It does not submit you for work, and it does not send your tapes to anyone in the industry.

We can change the service. We may add, change and remove features, including the models behind the analysis, so scores for the same performance may not be identical over time, and we may set or change limits on uploads, file sizes, analysis length and how many analyses a plan includes. We will not make a change that we know defeats the core of what you paid for during a period you have already paid for. If we discontinue the service, Section 12 applies.

4. Subscriptions, payment, renewal and cancellation

4.1 Apple sells you the subscription

All subscriptions and in-app purchases are sold through Apple In-App Purchase. Apple is the seller of record and bills your Apple Account. ActinGym never sees, receives or stores your card number, your bank details or your billing address.

The plan name, the billing period, the exact price, what is included, and the date of the first charge are shown on the purchase screen before you buy, and that screen is the authoritative statement of the offer. Prices differ by country and currency. If a plan has a free trial or an introductory price, the purchase screen tells you how long it lasts and exactly what you will be charged when it ends. A free trial converts into a paid subscription automatically unless you cancel before it ends.

4.2 Automatic renewal, stated plainly

YOUR SUBSCRIPTION RENEWS AUTOMATICALLY UNTIL YOU CANCEL IT.

You continue to be charged until you cancel. There is no end date unless you set one by cancelling.

Apple charges your Apple Account within 24 hours before the end of each period, at the price shown for the next period.

To avoid being charged for the next period, you must cancel at least 24 hours before the current period ends.

Cancelling does not refund the period you are already in. You keep access until it ends.

Prices can change. See Section 4.5.

Where the law requires a periodic reminder that your subscription is continuing, we will send it to the email address on your account.

4.3 How to cancel

You cancel through Apple. ActinGym cannot cancel your subscription for you. In the app, open your account settings and tap Manage Subscription, which opens Apple's subscription management screen. On your device, open Settings, tap your name, tap Subscriptions, choose ActinGym, then tap Cancel Subscription. Cancel at least 24 hours before the current period ends, or the next period will be charged.

Deleting the app, or closing your ActinGym account, does not cancel your subscription and does not stop Apple from charging you.

4.4 Refunds

All App Store purchases are handled by Apple, and refunds for them are at Apple's discretion under Apple's terms. ActinGym cannot issue, approve or promise a refund for an App Store purchase. To ask Apple, go to reportaproblem.apple.com.

Nothing here takes away a refund or cancellation right that the law where you live gives you and does not allow us to remove. For a billing problem, email hello@actingym.com and we will help as far as we are able, which for an App Store purchase means getting you to the right place with Apple.

4.5 Price changes

We may change prices. For a subscription Apple bills, Apple notifies you of an increase and applies it under Apple's rules: a smaller increase takes effect on renewal unless you cancel, and a larger one does not take effect unless you affirmatively agree, in which case the subscription stops at the end of the current period if you do not.

Wherever the law where you live requires your express agreement to a price increase, or advance notice, or a window to cancel with a proportional refund, that law applies and we will follow it. A price change never applies to a period you have already paid for. Apple handles tax on App Store purchases.

4.6 If we ever sell subscriptions on actingym.com

Today, subscriptions are sold only through Apple In-App Purchase, and all of this Section 4 applies to you. If we later sell directly, then for those purchases ActinGym is the seller of record, the terms shown at checkout apply, cancellation will be available in the same place and manner in which you subscribed, and the Apple-specific parts of this Section 4 will not. Buying through Apple and buying directly are separate transactions, and cancelling one does not cancel the other.

5. Your content and the licence you give us

5.1 You own your content

Your tapes are yours. Your performance is yours. Your written self-reflections are yours. Uploading something to ActinGym does not transfer ownership of it to us, and we claim no ownership of it.

"Your content" means the videos you upload, their audio, the images and PDFs of scripts and sides you upload, the text you type, and anything the service produces from them, such as frames, thumbnails, transcripts, scores and notes.

5.2 The licence you give us, and exactly what it covers

You grant ActinGym a non-exclusive, worldwide, royalty-free licence to use your content only for the purposes listed below, and for no other purpose:

Receive and store it. Upload, host, store and back up your content.
Prepare it for analysis. Copy it, convert its format, extract the audio track, sample and crop still image frames, and generate a poster thumbnail.
Send it to the service providers who process it for us, meaning the automated providers named in the Privacy Policy, so they can transcribe and analyse it on our behalf.
Analyse it with automated processing, machine learning and artificial intelligence systems, to produce your transcript, your scores, your timestamped notes and your exercises.
Show it back to you inside your account, and keep your library available to you.
Track your progress by comparing your analyses with each other over time.
Operate, secure and debug the service: diagnose faults, investigate why an analysis produced a particular result, prevent fraud and abuse, protect security, and test that changes work.
Develop and improve ActinGym's own automated systems: develop, evaluate, test, benchmark, tune and improve the automated systems that ActinGym itself operates, subject to Section 5.3 and to the Privacy Policy.
Produce genuinely aggregate and statistical information that does not identify you and cannot reasonably be used to identify you.
Meet legal obligations: retain and disclose content where required by valid legal process, where we reasonably need to establish, exercise or defend legal claims, or to address a credible threat to someone's safety.
Modify and adapt it. Edit, crop, trim, re-encode, subtitle, annotate, excerpt and otherwise adapt your content for any of the purposes in this list.
Train and develop automated systems. Use your content to develop, train, fine-tune, evaluate, test and benchmark automated processing, machine learning and artificial intelligence systems, including systems operated for us by our service providers.
Use it commercially, including in our marketing. Exploit commercially the analyses, scores, notes, exercises, models, statistics and other outputs and materials that we derive from your content, and use your content, name, face, voice and performance to promote ActinGym as set out in Section 5.4.
Licence, sell or transfer it to third parties. Sell, license, lease, trade or otherwise transfer your content, in whole or in part, to third parties for those third parties' own purposes, including so that they may use it to develop, train, evaluate or improve their own automated systems. This is subject to Section 5.3, to your right to opt out of sale and sharing described in the Privacy Policy, and to the laws that limit it.

That list is the whole licence. If a use is not on the list, we do not have permission for it under this agreement.

Sublicensing is limited. We may sublicense these rights only to the service providers who host and process content for us, and only so they can carry out the purposes above on our behalf. We may not sublicense your content to anyone for their own purposes.

Duration. This licence lasts as long as we hold the content, and stays limited to the purposes above for that whole time. This document does not promise that your content will be deleted, and it does not state a retention period. What we keep, and what happens when you close your account, is in the Privacy Policy. Read it before you upload anything.

5.3 Uses this licence expressly does not include

For the avoidance of doubt, the licence in Section 5.2 does not give us the right to: share your analysis, scores or notes with a casting director, agent, studio, employer or school as a decision about you; sell or share anything the law where you live does not allow, including the personal information of anyone under 16; or use your content to build, train or offer any capability that generates or simulates a particular person's voice or likeness.

Where we sell or transfer content under item 14 of Section 5.2, we do so under a written agreement requiring the recipient to use it only for the purposes we permit, and prohibiting them from using it to generate a synthetic version of your voice, face or performance.

This describes the licence as it stands today, not a promise about the future. If we later want to use your content in a way that is not on the list in Section 5.2, we will either ask you for that permission separately, or change these Terms under Section 11, and either way the new use will apply only going forward and only to content covered by the permission you actually gave.

What ActinGym sells or shares, as those words are defined by United States state privacy law, and how to opt out, are in the Privacy Policy, which controls that subject.

5.4 Using your face, voice, name or tape in our marketing

BY CREATING AN ACCOUNT AND USING ACTINGYM, YOU GIVE US PERMISSION TO USE YOUR CONTENT, YOUR NAME, YOUR FACE, YOUR VOICE AND YOUR PERFORMANCE TO PROMOTE ACTINGYM. THIS PERMISSION IS PART OF THIS AGREEMENT AND YOU GIVE IT BY USING THE SERVICE.

What the permission covers. Your tapes and clips from them, your analysis, scores and notes, your first name and last initial, and your likeness and voice, used to promote ActinGym: on actingym.com and in the app; on ActinGym's social media accounts, including TikTok, Instagram, YouTube, Facebook and X; in paid advertising on those and other platforms; in App Store listings and screenshots; and in press, partner and investor material. It includes editing, cropping, captioning, subtitling, excerpting and re-encoding for those purposes. It is worldwide and royalty-free, and it lasts for as long as we hold the content.

Limits that still apply, whatever else this agreement says:

We will not alter your performance to make you appear to have said or done something you did not, and we will not present material in a way that misrepresents what you actually did.
We will not use your name, face or voice in a way that states or implies that you endorse a third party's product or service. This permission is for promoting ActinGym.
We will not create a digital replica or a synthetic version of you, and this permission does not authorise one.
Anyone under 18 is not covered. ActinGym is for adults, and this permission does not extend to anyone we know or reasonably believe to be under 18. If we learn a user is under 18 we stop using their material.

You can withdraw the permission at any time by emailing hello@actingym.com. Withdrawal takes effect going forward: we will stop new uses and remove the material from channels we control within a reasonable time. We cannot recall copies other people have already downloaded, screenshotted, reposted or cached, and we do not promise to. Withdrawing costs you nothing: we will not charge you a different price, give you a worse service, or withhold any feature because you withdrew, and you are not paid for the permission unless we agree otherwise in writing.

5.5 Feedback about the product

If you send us suggestions or ideas about ActinGym itself, we may use them without owing you anything. That is product feedback you volunteer, and it has nothing to do with your tapes.

6. Your promises to us, and acceptable use

6.1 What you promise

Every time you upload content, you represent and warrant that:

You have the rights you need to the material you are performing. You own the script, scene, sides, monologue, song or other material, or you have permission to perform and record it, or your use of it is otherwise lawful. Most sides and scripts are somebody else's copyrighted work, and staying on the right side of that is your responsibility, not ours.
You are not breaking a confidentiality obligation. You are not uploading material you agreed with a studio, production, casting office, agent or anyone else not to record, copy, retain or disclose.
Everyone who appears in the tape, or is audible on it, has agreed to be recorded and to have the recording analysed. That includes your reader, your scene partner, anyone in the background, and anyone whose voice can be heard. If a recording law where they were requires their consent, you have it. If any of them is under 18, do not upload the tape at all.
The content is yours to give. You have the right to grant the licence in Section 5.2, and doing so does not breach anyone else's rights or any agreement you have.
The content is lawful. It does not infringe anyone's intellectual property, privacy or publicity rights, it is not defamatory, and it does not break any law.
You will follow Section 6.3.

6.2 Indemnity

You agree to defend, indemnify and hold harmless ActinGym and the people who work for or with it from and against any third-party claim, demand, action, proceeding, loss, liability, damage, fine, cost and expense, including reasonable legal fees, that arises out of or relates to: content you upload or submit; your breach of any promise in Section 6.1; your breach of these Terms or of the Privacy Policy; your violation of any law, or of anyone's intellectual property, privacy, publicity, recording-consent or contractual rights; or a claim by a person who appears in or is audible on a tape you uploaded.

This does not apply to the extent a claim arises from ActinGym's own wrongdoing. We will notify you of a claim we want covered, and you may control the defence with counsel we reasonably approve, except that we may take over the defence at our own expense, and no settlement imposing any obligation or admission on ActinGym may be made without our written consent. Each of us will cooperate with the other.

6.3 Acceptable use

Do not:

Content. Upload a tape of anyone who did not agree to be recorded and analysed, or of anyone under 18, including as a reader or scene partner; upload someone else's performance as your own, or material you are contractually forbidden to record or retain; upload anything unlawful, sexually explicit, hateful, harassing, threatening or depicting real violence, or anything that sexualises a minor in any way; or upload malware or anything designed to damage or interfere with software or systems.
The service. Reverse engineer, decompile or disassemble the app, or try to derive its source code, its prompts or the internals of its models, except to the extent the law says you may despite this clause; scrape the service, or access it with bots, scripts or automated tools other than the app we provide; circumvent, or try to circumvent, any limit, paywall, entitlement check, security measure or rate limit; use the service or its outputs to build, train, evaluate or improve a competing product or model, or to create a dataset for anyone else; resell, sublicense, rent out or share access to your account; probe, scan or test the security of our systems, or try to reach any account, system or data that is not yours; re-identify anyone from aggregate or anonymised information we publish; interfere with the service or place an unreasonable load on it; or use the service in a way that breaks the law or would put ActinGym in breach of the Apple Media Services terms or the App Store rules.
Outputs. Present an ActinGym score or note as a professional evaluation, a credential, an audition result or the opinion of a person; use an ActinGym output to make or support a decision about somebody else's employment, casting, representation, admission or livelihood; or publish another user's content or analysis.

If you see something that breaches this section, tell us at hello@actingym.com.

7. Copyright, takedown notices, and repeat infringers

7.1 Sending us a takedown notice

Send notices of claimed copyright infringement to our designated agent at hello@actingym.com, subject line "DMCA Notice". To be effective under the Digital Millennium Copyright Act, your notice must include all of: a physical or electronic signature of the copyright owner or a person authorised to act for the owner; identification of the work you say has been infringed, or a representative list if one notice covers several; identification of the infringing material, with enough detail for us to locate it; your name, postal address, telephone number and email address; a statement that you have a good faith belief the use complained of is not authorised by the owner, its agent, or the law; and a statement that the information is accurate and, under penalty of perjury, that you are the owner or are authorised to act on the owner's behalf.

Misuse has consequences. Under 17 U.S.C. section 512(f), a person who knowingly misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages, including costs and legal fees.

On a notice that complies with this section, we will remove or disable access to the material and take reasonable steps to notify the user who submitted it, including by passing on a copy of the notice.

7.2 Counter-notices

If your material was removed and you believe that was a mistake or a misidentification, send a counter-notice to hello@actingym.com, subject line "DMCA Counter-Notice", including all of: your physical or electronic signature; identification of the material removed and where it appeared before removal; a statement, under penalty of perjury, that you have a good faith belief it was removed or disabled as a result of mistake or misidentification; your name, address and telephone number; and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, of any judicial district in which ActinGym may be found, and that you will accept service of process from the person who sent the original notice or that person's agent.

On a valid counter-notice, we will forward it to the person who sent the original notice and tell them we may restore the material in 10 to 14 business days. We will restore it in that window unless they tell us they have filed a court action seeking to restrain the activity.

7.3 Repeat infringers

ActinGym has a repeat infringer policy. In appropriate circumstances, and at our discretion, we will terminate the accounts of users who are repeat infringers of copyright. We may also terminate an account, or refuse service, where we reasonably believe a user has infringed copyright even without a formal notice, taking account of the whole picture, including the number of notices, whether counter-notices were filed, and any pattern of behaviour.

8. Your feedback is an opinion from a machine

If you have just read a score you did not expect, read this part first. It is here for you, not only for a court.

WHAT ACTINGYM GIVES YOU IS AN AUTOMATED OPINION. IT IS NOT PROFESSIONAL ADVICE, AND IT IS NOT A PREDICTION.

Your score is produced by a machine analysing frames and words. It is not a casting decision. It is not the opinion of an agent, a casting director, a coach, a teacher or a therapist. No one at ActinGym watched your tape and formed a view about you, because no one at ActinGym watched your tape.

ActinGym does not provide professional, career, casting, employment, educational, legal, medical, psychological, psychiatric or mental health advice, diagnosis or treatment. Nothing it tells you is a substitute for a qualified professional, and nothing it tells you should be relied on as one.

ActinGym does not guarantee, promise, predict or represent that using it will lead to a booking, a callback, an audition, representation, a role, admission to a programme, an improvement in your skill, or any other outcome. There is no such guarantee. Results depend on things we do not control and cannot see.

The output can be wrong. It can be harsh. It can miss the point of a choice you made deliberately. It can score the same performance differently on a different day, or after we change the system. It does not know your character, your context, your director's note, your accent, your disability, your body, your training, or what the room wanted. It has no idea who you are.

A low score is a number a machine produced from a short clip. It is not a verdict on your talent, your career or your worth, and it is not evidence of anything about you.

Use ActinGym the way you would use a mirror or a metronome: one more piece of information, in a practice that also includes human teachers, human readers and your own judgement. Do not make a decision that matters, about your career, your training, your health or your money, on the strength of a score from this app. If a score leaves you in distress, step away from it and talk to a person you trust. If you are in crisis, contact a qualified professional or your local emergency service.

You accept the risk of relying on the output. You agree that you use ActinGym's scores, notes, exercises, transcripts and other outputs at your own risk, and that ActinGym is not responsible for any decision you make, any action you take or do not take, or any opportunity you gain or lose, on the basis of them.

9. Warranties and the limit of our liability

9.1 The service is provided "as is"

TO THE FULLEST EXTENT PERMITTED BY LAW, ACTINGYM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

We disclaim all warranties, express, implied and statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement, and any warranty arising out of a course of dealing or trade usage.

We do not warrant that the service will be uninterrupted, timely, secure or error-free; that any defect will be corrected; that the analysis will be accurate, reliable, complete, consistent, fair or suitable for any purpose; or that content you upload will remain available, intact or unaltered.

No advice or information, whether oral or written, obtained from ActinGym or through the service, creates any warranty not expressly stated here.

Some places do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Where the law where you live gives you consumer guarantees that cannot be excluded, those guarantees apply, and nothing here limits them.

9.2 Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ACTINGYM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, REPUTATION, OPPORTUNITY, EARNINGS, BOOKINGS, CASTING OR CAREER PROSPECTS, ANY LOSS OR CORRUPTION OF DATA OR CONTENT, ANY COST OF SUBSTITUTE SERVICES, OR ANY EMOTIONAL DISTRESS OR MENTAL ANGUISH, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER THE CLAIM IS BROUGHT IN CONTRACT, IN TORT, UNDER STATUTE OR ON ANY OTHER BASIS, AND EVEN IF WE WERE TOLD THE DAMAGE WAS POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, ACTINGYM'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, TAKEN TOGETHER, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, OR (B) FIFTY UNITED STATES DOLLARS (US$50).

These limits apply to every theory of liability, and even if a remedy in these Terms is found to have failed of its essential purpose. They are a fundamental part of the deal between us and a reasonable allocation of risk in exchange for the price we charge.

What is not limited. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded under the law that applies to you. Some places do not allow the exclusion or limitation of incidental or consequential damages, so some of the above may not apply to you.

10. Arbitration agreement and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

THIS SECTION REQUIRES YOU AND ACTINGYM TO RESOLVE MOST DISPUTES BY INDIVIDUAL BINDING ARBITRATION INSTEAD OF IN COURT. IT WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

YOU HAVE 30 DAYS TO OPT OUT OF THIS SECTION. IF YOU OPT OUT, NOTHING ELSE IN THESE TERMS CHANGES, AND YOUR USE OF ACTINGYM IS NOT AFFECTED IN ANY WAY. SECTION 10.3 TELLS YOU EXACTLY HOW.

10.1 What this section covers

This section applies to any dispute, claim or controversy between you and ActinGym arising out of or relating to these Terms, the Privacy Policy, the app, the website, your account, your content, your subscription, our advertising, or your relationship with ActinGym, whether it arose before, during or after this agreement, and whatever the legal theory.

It does not cover:

Small claims. Either of us may bring an individual claim in a small claims court, if the claim qualifies and stays there. You may bring yours in the small claims court where you live.
Public injunctive relief. Nothing in this section prevents you from seeking public injunctive relief, meaning injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public. A claim for public injunctive relief may be brought in a court of competent jurisdiction, and no part of this section waives, limits or restricts the right to seek it in any forum. If a claim includes both a request for public injunctive relief and other claims, the other claims proceed in arbitration first and the request for public injunctive relief is stayed in court until the arbitration finishes.
Anything that cannot lawfully be sent to arbitration under the law that applies to you.

This section survives the end of your account and of this agreement, and is governed by the Federal Arbitration Act.

10.2 Talk to us first

Before starting an arbitration or a court case, the party with a complaint must send a written notice of dispute to the other: to ActinGym at hello@actingym.com, subject line "Notice of Dispute", or to you at the email address on your account. It must describe the dispute, say what you want, and give your name and the email address on your account.

Each of us then has 60 days to try to resolve it informally. Either of us can ask for a telephone or video conversation, and both of us will take part in good faith. An arbitration or court case cannot be started until the 60 days have passed.

Time stands still while we talk. Any statute of limitations, any contractual time limit including the one in Section 15.6, and any filing deadline is tolled from the date a notice of dispute is sent until 30 days after the 60 day period ends.

10.3 Your right to opt out, 30 days

You can opt out of this entire Section 10. Email hello@actingym.com, subject line "Arbitration Opt-Out", giving your full name, the email address on your ActinGym account, and a clear statement that you want to opt out of the arbitration agreement. We must receive it within 30 days of the date you first accepted these Terms. That is the only requirement, and we will reply to confirm.

If you opt out, this Section 10 does not apply to you at all, including the class action waiver and the jury trial waiver, and your opt-out covers every dispute between you and ActinGym, including future ones. Nothing else changes: your account, your subscription, your price and every feature stay exactly the same, and we will not treat you differently or penalise you for it, ever.

A material change to this section gives you a fresh 30 day opt-out window under Section 10.9.

10.4 How arbitration works

An arbitration is decided by a neutral arbitrator instead of a judge and jury, and the award is final and can be entered as a judgment in any court with jurisdiction. The arbitrator can award you the same individual relief a court could, including damages, statutory damages, individual injunctive relief and legal fees where a statute provides for them.

Who administers it. The American Arbitration Association (AAA), under its Consumer Arbitration Rules and its Consumer Due Process Protocol, as modified by this section; the rules are at adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistently with this section, we will agree on another established consumer arbitration provider, and if we cannot agree, a court may appoint one.
Where. Unless you ask otherwise, the arbitration is conducted on the documents, or by telephone or video, so that you do not have to travel. Any in-person hearing will be in the county or equivalent district where you live, or somewhere else we both agree.
Who decides what. The arbitrator decides the dispute and questions about the interpretation, applicability and enforceability of this section, except that a court, and only a court, decides whether Section 10.5 is enforceable, and the scope and effect of the public injunctive relief carve-out in Section 10.1.
Confidentiality. Neither of us has to keep the existence of a dispute secret, and nothing here stops you from reporting conduct to a government agency or from talking to a lawyer.

10.5 Class action waiver

YOU AND ACTINGYM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOUR OF THE INDIVIDUAL PARTY SEEKING IT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THAT PARTY'S INDIVIDUAL CLAIM.

YOU AND ACTINGYM WAIVE ANY RIGHT TO A JURY TRIAL.

This waiver does not apply to a claim for public injunctive relief, which Section 10.1 carves out of this section entirely. If the class action waiver is found unenforceable as to a particular claim, that claim, and only that claim, is severed from arbitration and proceeds in court, and the rest of this Section 10 stays in force for every other claim.

10.6 If many similar claims are filed at once

If 25 or more demands for arbitration raising substantially similar claims are filed against ActinGym by or with the coordination of the same lawyer or group of lawyers within a 90 day period:

Batching. The demands may be grouped into batches of up to 50 claimants each, plus a final batch of whatever is left. Each batch is treated as one case for filing fees and administration, with a single arbitrator appointed for that batch.
Concurrent, not sequential. Batches proceed concurrently to the extent the administrator can manage them, not as an indefinite sequence of rounds, and no claimant's case is held indefinitely in a queue.
Full tolling for everyone waiting. All statutes of limitation, all contractual time limits and all filing deadlines are tolled for every claimant, from the date that claimant's demand is submitted until that claimant's claim is resolved or withdrawn.
Nothing binds anyone who is not there. The outcome of any batch, any test case and any individual arbitration is not binding on, and has no preclusive or precedential effect against, any claimant who did not participate in it. No claimant's rights may be determined, limited or extinguished by a proceeding in which that claimant had no notice and no opportunity to be heard. Any provision of this section that would have that effect is void, and the rest of this section stays in force.
You keep every other right. Batching changes administration and fees only. Every claimant keeps the right to an individual determination of their own claim on its own merits, by an arbitrator, with their own evidence.
Either of us can leave. If either party believes in good faith that batching is not working for a particular claim, that party may ask the administrator to remove the claim from the batch and administer it individually, and the administrator's decision is final.

10.7 Who pays for the arbitration

We pay the fees for smaller claims. For any claim seeking US$10,000 or less, ActinGym will pay all AAA filing, administrative and arbitrator fees, other than an initial filing fee from you that will never exceed what it would cost you to file the same claim in a court where you live. For larger claims, fees are allocated under the AAA Consumer Arbitration Rules and the arbitrator may shift them.
Hardship. If arbitration fees would still make it impractical for you to bring your claim, tell us, and we will pay them.
Legal fees. Each of us pays our own lawyers, unless a statute or the award provides otherwise. ActinGym will not seek its own legal fees or costs from you unless the arbitrator finds your claim frivolous or brought for an improper purpose, judged by the standard of Rule 11 of the Federal Rules of Civil Procedure.
Settlement offers. If we make a written settlement offer before the arbitrator is appointed, you decline it, and the arbitrator then awards you more than our offer, we will pay your reasonable legal fees and costs for the arbitration.

10.8 Severability of this section

If any part of this Section 10 is found unenforceable, that part is severed and the rest stays in force, except that if Section 10.5 is found unenforceable as to all claims, this entire Section 10 is void and disputes proceed in court under Section 13.

10.9 If we change this section

We may change this Section 10 only for the future. A change does not apply to a dispute for which a notice of dispute was already sent, or a proceeding already filed, before the change. If we make a material change, we will notify you, and you will have a fresh 30 days from that notice to opt out under Section 10.3.

11. Changes to these Terms

We may make non-material changes, such as fixing a typo, clarifying wording that does not alter your rights, or adding a feature on the same terms, by posting an updated version with a new "Last updated" date. Those take effect when posted.

For a material change, we will do all of the following:

Notify you before it takes effect, by email to the address on your account, by in-app notice, or both, and tell you plainly what is changing.
Ask you to accept the new version, by presenting the updated Terms with a summary of what changed and a control you have to tap to accept. We will record the version you accepted and when.
Not treat silence as agreement. Your continued account existence, your failure to reply, and your failure to open the app are not acceptance of a material change. Only your affirmative acceptance is.

If you do not accept a material change, you may stop using ActinGym. Access to features that depend on the changed terms may be limited or withdrawn, and your account may be closed. If you have a paid subscription, you must still cancel it through Apple as described in Section 4.3, because we cannot do it for you. A material change to Section 10 also gives you a fresh 30 day opt-out, as set out in Section 10.9.

No going back over old ground. If we adopt a materially broader use of the content you have already provided, that broader use applies going forward only, and we will not apply it to content you provided under an earlier version of these Terms without your affirmative, express consent for that content. Where the law requires a separate opt-in for a particular use, we will ask for it on its own screen, not by asking you to re-accept these Terms.

12. Termination

You may stop using ActinGym whenever you like, and you may close your account from inside the app. Two things to be clear about:

Closing your account does not cancel your subscription. Apple will keep billing you until you cancel through Apple. See Section 4.3.
Closing your account is not the same as erasing your content. These Terms do not promise deletion of anything. The Privacy Policy describes what happens to videos, transcripts, scripts, scores, notes and self-reflections when an account is closed, and what continues to be held.

We may suspend or terminate your access, or any part of it, if you break these Terms, if the law requires it, if there is fraud, abuse or a security risk, if you are a repeat infringer under Section 7.3, or if we discontinue the service. Where practical and lawful, we will give you notice and, for a discontinuation, reasonable warning.

If we terminate without cause because we are discontinuing the service and you have paid for a period you have not used, we will make a fair and proportional adjustment where we are able to. For an App Store purchase we cannot issue that ourselves, so we will direct you to Apple.

What survives. Sections 5.2 (only to the extent of content we already hold), 5.3, 6, 7.3, 8, 9, 10, 13 and 15 survive the end of this agreement, along with any other section that by its nature should.

13. Governing law and where disputes go

These Terms, and any dispute arising out of or relating to them or to ActinGym, are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. The Federal Arbitration Act governs Section 10. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

This does not take away the protection of the mandatory consumer law of the country or state where you live. If the law where you live gives you rights that cannot be contracted away, you keep them, and where that law conflicts with Delaware law, that law wins.

For any dispute that is not subject to arbitration under Section 10, including a claim for public injunctive relief, a small claims matter, or any claim if Section 10 is void or you opted out:

You may bring a claim against ActinGym in the state or federal courts where you live. ActinGym will bring a claim against you only in the courts where you live. Each of us consents to jurisdiction and venue in those courts.

Nothing here removes a right you have to bring a claim in a court that has mandatory jurisdiction under the consumer law where you live, and nothing here waives any consumer protection, privacy or other statutory right given to you by the law of the state where you live. Those rights are preserved in full.

14. App Store terms

These terms are required by Apple because you obtained the app from the App Store, and they are part of this agreement.

Acknowledgement. This agreement is between you and ActinGym only, and not with Apple. ActinGym, not Apple, is solely responsible for the ActinGym app and its content.
Scope of licence. ActinGym grants you a limited, non-transferable licence to use the app on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
Maintenance and support. ActinGym is solely responsible for maintenance and support. Apple has no obligation to provide any.
Warranty. ActinGym is solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation of any kind with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are ActinGym's responsibility.
Product claims. ActinGym, not Apple, is responsible for addressing any claim by you or a third party relating to the app or your possession or use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
Intellectual property rights. If a third party claims the app or your possession and use of it infringes that third party's intellectual property rights, ActinGym, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
Legal compliance. You make the representations in Section 2.3 about United States embargoes, "terrorist supporting" country designations, and prohibited or restricted party lists.
Contact. For questions, support requests or complaints about the app, contact ActinGym at hello@actingym.com.
Third party terms. You must comply with any applicable third party terms of agreement when using the app, including the Apple Media Services Terms and Conditions.
Third party beneficiary. Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of these Terms, Apple will have the right, and is deemed to have accepted the right, to enforce this agreement against you as a third party beneficiary of it.

15. Other terms

15.1 Our intellectual property. ActinGym, the app, the website, the software, the models, the prompts, the exercise library, the scoring methodology, the designs, the text, the name and the logo belong to ActinGym or its licensors. Nothing in these Terms transfers any of it to you. Section 5 covers your content, which stays yours.

15.2 Your licence to use the service. Subject to these Terms and to your paying for what you buy, ActinGym grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the app and the website for your own personal, non-commercial training use. Everything not expressly granted is reserved.

15.3 Notices and contact. We may send you notices by email to the address on your account, or in the app. Everything you send us goes to hello@actingym.com: questions, complaints, support, bug reports, arbitration opt-outs, dispute notices and copyright notices. Use the subject line a section asks for where one applies: "DMCA Notice", "DMCA Counter-Notice", "Arbitration Opt-Out", or "Notice of Dispute". These Terms are available at actingym.com from a link labelled "Terms" in the site footer, inside the app, and in the subscription purchase flow before you buy.

15.4 Assignment. You may not assign or transfer these Terms or your account. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets.

15.5 Severability, waiver and third party rights. If any provision is held unenforceable, it is severed or limited to the minimum extent necessary and the rest stays in force, except as Section 10.8 provides for the arbitration agreement. If we do not enforce a provision, that is not a waiver of it. These Terms create no rights for anyone other than you and ActinGym, except that Apple and Apple's subsidiaries are third party beneficiaries as stated in Section 14.

15.6 Time limit on claims. Except where the law says otherwise, any claim arising out of or relating to these Terms or to ActinGym must be brought within two years after the claim accrues, or within the shortest period the law where you live allows if that period is longer than two years. A claim accrues when you knew, or reasonably should have known, of the facts giving rise to it.

This does not apply to, and does not shorten the time to bring: any claim under a statute that sets its own limitation period, including consumer protection, privacy and civil rights statutes; any claim you bring in small claims court; or any claim by someone who lives in a state whose law voids or restricts shortened limitation periods, including Florida, Alabama, Missouri, Mississippi, Idaho, Montana, South Dakota and Texas. It is also subject to the tolling provisions in Sections 10.2 and 10.6.

15.7 Events outside our control. We are not liable for a failure or delay caused by something outside our reasonable control, including an outage at a cloud provider, a failure of a third party service, a network failure, an act of government, or a natural disaster.

15.8 Whole agreement, language and headings. These Terms, together with the Privacy Policy and any terms presented to you on a purchase screen or an opt-in screen, are the entire agreement between you and ActinGym about ActinGym, and they replace anything said or written before. Nothing in this section limits your rights in relation to fraud. These Terms are written in English, and the English version governs. Headings are for convenience and do not affect interpretation.