Terms and Conditions

Gorillo — this website and the Gorillo apps for iPhone and Android — is provided by Catalin Rotaru, a self-employed professional in Spain trading as Courtbreak Studios (“we”, “us”). Our identification details are in the legal notice, and you can reach us at contact@courtbreakstudios.com.

By creating an account, or by using Gorillo, you accept these terms. If you do not accept them, do not use Gorillo.

How we handle personal data is explained in the Privacy Policy. Please read it alongside these terms.

You must be at least 16 years old to use Gorillo. If you are under 18, you confirm that your parent or legal guardian has read and agreed to these terms and to your use of Gorillo.

Trainer accounts are for business use. To open one you must be at least 18 and use Gorillo for your work as a trainer or to run a studio. If you accept these terms on behalf of a business, you confirm that you are authorised to bind it, and “you” includes that business.

Clients join Gorillo by invitation from their trainer. You may not use Gorillo if we have previously removed you from it, or where the law does not allow you to.

Give accurate information when you sign up and keep it up to date. Keep your password to yourself: you are responsible for what happens under your account, and you must tell us straight away if you think someone else has used it.

Accounts are personal. Do not share yours or transfer it to anyone else.

Gorillo helps trainers keep client records, log sessions, run a calendar, keep track of memberships and payments, and message their clients. It gives clients an app for their own training.

It is not a payment service. Gorillo records payments that trainers receive. It never processes, holds or guarantees any money. Anything paid between a trainer and a client is a matter between them.

It is not medical advice. Gorillo does not diagnose, treat, cure or prevent any condition. Nothing in it — including the logs and replies written by AI — is medical, health or nutrition advice. Talk to a qualified professional before starting or changing training, especially with an injury or a health condition. Physical training carries a risk of injury.

We are not your trainer. The coaching is provided by the trainer, who alone is responsible for it: the programme, supervision, safety, qualifications, insurance, and their own terms with their clients. We are not a party to the relationship between a trainer and a client.

Session replies and end-of-session logs are written by AI from what is typed or said in a session. AI can misunderstand, leave things out or make things up. Check what it writes before you rely on it: the record you keep is your responsibility.

If an AI reply is wrong or offensive, mark it with the thumbs-down on the reply, or write to us, so that we can look into it.

Your content is anything you add to Gorillo: records, notes, sessions, messages and photos. It stays yours.

You give us a non-exclusive, royalty-free, worldwide licence to host, store, copy, process, transmit and display your content, only as needed to provide Gorillo to you and to the people you share it with, to keep it secure, and to meet our legal obligations. The licence ends when your content is deleted, except for backup copies until they expire as described in the Privacy Policy.

You are responsible for your content and must have the right to add it. For information or photos about another person, that includes their permission where the law requires it.

Messages in a direct conversation are seen by both people in it. Messages in a gym’s shared room are seen by everyone in that gym.

Gorillo has zero tolerance for objectionable content and abusive users. You must not use Gorillo to:

• harass, bully, threaten, stalk or intimidate anyone;
• post content that is hateful, discriminatory, violent, sexually explicit or obscene;
• post anything that sexualises or endangers a minor — we report such content to the authorities;
• impersonate anyone, or mislead people about who you are;
• share someone else’s personal information without the right to do so;
• send spam, or advertising the recipient has not agreed to;
• post content that is illegal or infringes anyone’s rights, including intellectual property;
• upload malicious code, or try to access, probe, scrape, overload or disrupt Gorillo or other people’s accounts;
• copy, modify or reverse-engineer the apps, except where the law allows it.

To report a message, press and hold it in the app and choose Report; you can also block the person who sent it, and unblock them later from Settings. For anything else, write to contact@courtbreakstudios.com, saying where and when it appeared and what it was. A screenshot helps.

We review every report and act on content that breaks these terms, normally within 24 hours: we remove it and, where appropriate, suspend or close the account responsible. We may also act on content we find ourselves.

Moderation decisions are made by a person, not by an automated system. If we remove your content or restrict your account, we will tell you what we did and why, unless the law prevents it or telling you would put someone at risk. If you think we got it wrong, reply within six months and we will review the decision.

Trainers can ask us to remove messages from their gym’s shared room. You can contact us about any of this in English or Spanish.

Clients do not pay us to use the client app. Trainer accounts may need a paid plan: before you pay, you will see the price, the billing period and what the plan includes.

If you subscribe through Apple or Google, their terms govern payment, renewal, cancellation and refunds. Deleting your account does not cancel a store subscription: cancel it in your store account settings.

If you pay us directly, we invoice in advance for each billing period, and you can cancel at any time with effect from the end of the period already paid. Fees already paid are not refunded for part of a period, unless the law requires it. Indirect taxes, such as IGIC or VAT, are charged as the law requires.

If a price changes, we will tell you at least 30 days before the new price applies to you, so that you can cancel first. If a fee paid to us directly is overdue, we may suspend trainer features after giving you notice.

For the information you record about your clients, you are the data controller: you decide what to record and why. You must:

• have a lawful basis for it — for health information, usually your client’s explicit consent;
• tell your clients how you use their information; you can point them to our Privacy Policy for how Gorillo handles it;
• have a parent’s or guardian’s consent before recording or inviting a client under 18;
• only invite people who have agreed to join, and keep their records accurate;
• handle your clients’ requests about their data — we will help, as described in section 11.

When we process personal data about your clients on your behalf, we do so as your processor under Article 28 of the GDPR, on these terms:

• Instructions. We process it only to provide Gorillo as described in these terms and the Privacy Policy, and on your other documented instructions. Using the app’s features counts as instructing us. We will tell you if we think an instruction breaks data protection law.
• Confidentiality and security. Anyone who can access it is bound by confidentiality, and we protect it with the measures described in section 10 of the Privacy Policy.
• Sub-processors. You authorise us to use service providers for hosting and storage, AI processing of session text, email delivery and crash reporting. Each is bound by written terms that protect the data at least as well as these. We will give you notice of changes, and you may object; if we cannot address your objection, you can close your account. The current list is available on request.
• Assistance. We will help you respond to your clients’ requests to exercise their rights, and with security, breach notification and impact assessments, as far as the nature of the processing allows.
• Breaches. We will tell you without undue delay after becoming aware of a personal data breach affecting your clients’ data.
• Transfers. Data is transferred outside the European Economic Area only with the safeguards described in section 7 of the Privacy Policy.
• End of service. When you close your account, each linked client keeps their own record in their app, as described in section 8 of the Privacy Policy, and from then on we hold it to provide the client app to them. If you would rather your clients’ records were deleted, tell us before or after closing your account and we will delete them, apart from what the law requires us to keep and backup copies until they expire.
• Audits. We will make available the information needed to show that we meet these obligations, and allow audits by you or an auditor you appoint, on reasonable notice, at your cost, and no more than once a year unless a regulator requires it or a breach has occurred.

Details of the processing. Subject and duration: hosting and processing your clients’ records while you use Gorillo. Types of data: identity and contact details, date of birth, photos, body measurements, goals, notes about injuries (health data), sessions, schedules, membership and payment records, and messages. Data subjects: your clients and the people you invite.

Gorillo — the apps, the website, the software, the design, and the name and logo — belongs to us or our licensors. We give you a personal, non-exclusive, non-transferable and revocable licence to use the apps and the website for their intended purpose, under these terms.

If you send us ideas or feedback, we may use them freely, without any obligation to you.

We work to keep Gorillo available and working well, but we cannot promise that it will always be uninterrupted or free of errors. We may need to pause it for maintenance, for security, or for reasons outside our control.

Gorillo will change over time. We may add, change or remove features; before removing something significant that you rely on, we will give you reasonable notice where we can.

You can stop using Gorillo at any time, and delete your account in the app under Settings → Delete my account, or without the app as described on the Delete your account page. Section 8 of the Privacy Policy explains what is deleted and what is kept. If you are a consumer, deleting your account is also the simplest way to exercise your right to withdraw from this contract within 14 days.

We may suspend or close your account if you seriously or repeatedly break these terms, if your use puts other people or Gorillo at risk, or if the law requires it. We will tell you why, as described in section 8, unless the law prevents it.

We may also stop offering Gorillo altogether. If we do, we will give you at least 30 days’ notice, and refund any fees you paid us directly for the period after it ends.

The sections that by their nature should continue after your use ends — including 6 (for backup copies), 11, 15, 16, 19 and 20 — continue to apply.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or wilful misconduct, for gross negligence, or for anything else the law does not allow us to limit. If you are a consumer, nothing in these terms affects your legal rights, including your rights when a digital service does not conform to the contract.

Subject to that, and as far as the law allows:

• Gorillo is provided as it is and as available, and we do not promise that it will meet your particular needs, or that AI output will be accurate;
• we are not responsible for the coaching a trainer provides, for injuries during training, or for payments or disputes between a trainer and a client;
• we are not responsible for content posted by other users, although we act on reports as described in section 8;
• we are not responsible for losses caused by events beyond our reasonable control;
• if you are a trainer, we are not liable for indirect or consequential losses, or for loss of profit, revenue, business or goodwill, and our total liability to you in any 12 months is limited to the fees you paid us in those 12 months, or €100 if that is more.

If you are a consumer, we are responsible for foreseeable loss that we cause by breaking these terms or by failing to use reasonable care and skill, but not for loss that was not foreseeable when you started using Gorillo.

If you are a trainer, you will compensate us for claims made against us by third parties — including your clients or a regulator — that arise from your coaching, from content you add, or from your breach of these terms or of data protection law. We will tell you promptly about any such claim and cooperate reasonably with you.

If you downloaded Gorillo from Apple’s App Store:

• these terms are between you and us, not Apple, and Apple is not responsible for Gorillo or its content;
• your licence is to use Gorillo on Apple-branded products that you own or control, as the App Store’s Usage Rules allow;
• Apple has no obligation to provide any maintenance or support for Gorillo;
• if Gorillo fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the price you paid for the app, if any; to the maximum extent the law allows, Apple has no other warranty obligation for Gorillo;
• we, not Apple, are responsible for dealing with any claims about Gorillo, including product liability claims, claims that it fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar law;
• we, not Apple, are responsible for investigating, defending, settling and discharging any claim that Gorillo, or your use of it, infringes a third party’s intellectual property rights;
• you confirm that you are not located in a country subject to a United States Government embargo or designated as a “terrorist-supporting” country, and that you are not on any United States Government list of prohibited or restricted parties;
• you must comply with any third-party terms that apply when you use Gorillo, such as your mobile network’s;
• Apple and its subsidiaries are third-party beneficiaries of these terms and, once you accept them, may enforce them against you.

If you downloaded Gorillo from Google Play, Google’s terms also apply to your use of Google Play, and Google is not responsible for Gorillo.

We may update these terms to reflect changes to Gorillo, to the law, or to how we operate. If a change is significant, we will tell you in the app or by email at least 30 days before it applies to you. If you do not agree, you can stop using Gorillo and delete your account before then. Changes needed for legal or security reasons may apply sooner. The date at the top shows when these terms last changed.

These terms are governed by Spanish law. If a problem comes up, write to us first: most things can be sorted out that way.

If you are a consumer, you also have the protection of the mandatory rules of the country where you live, and you can bring a claim in the courts where you live. If you use Gorillo for your business, the courts of Spain have exclusive jurisdiction.

These terms, together with the documents they refer to, are the whole agreement between you and us about Gorillo. If a court finds part of them invalid, the rest still applies. If we do not enforce a right straight away, we can still enforce it later.

We may transfer our rights and obligations under these terms to someone who takes over Gorillo; we will tell you if that happens, and it will not reduce your rights. You may not transfer yours without our agreement. Apart from Apple, as set out in section 17, no one else has rights under these terms.

These terms are available in English and Spanish. If the two differ, the English version applies, unless the law requires otherwise.

Questions about these terms, and reports under section 8: contact@courtbreakstudios.com. Our identification details, including our postal address, are in the legal notice.