General Terms and Conditions
aGYM – A Corporation GmbH
As of: March 2026
This English translation is provided for information purposes only. Only the German version of these General Terms and Conditions (Allgemeine Vertragsbedingungen) is legally binding. In the event of any discrepancy between the English and German versions, the German version shall prevail.
1. Preliminary Note
1.1
The contracting partner operates fitness studios under the aGYM brand ("Studio/s"). The customer may use the studios if they have concluded a valid usage contract via the aGYM App ("App"). Since this usage contract can be terminated on a monthly basis, it is hereinafter referred to as the "membership." These General Terms and Conditions ("GTC") apply to the membership and the resulting rights and obligations.2. Contracting Partner, Applicability, and Amendments of the General Terms and Conditions
2.1
The contracting partner is A Corporation GmbH ("aGYM"), Westendhof 10, 45143 Essen; Tel.: 0201 38409150; Email: support@agym.io; District Court of Essen; HRB 32094; VAT ID No.: DE354937907.2.2
aGYM is entitled to amend these GTC with effect for the future if there is an important reason for the amendment and if the amendment is reasonable considering the interests of both parties. Such an important reason exists in particular if the amendment is required due to2.2.1
changes in case law, legislation, or official requirements,2.2.2
a significant and unforeseeable contractual imbalance at the time of concluding the membership, or2.2.3
technical reasons.2.3
aGYM will notify the customer of the amendment and its effective date and provide the amended version. aGYM grants the customer a six-week period during which the customer may object to the amendment or accept the amended GTC. If the customer does not object within this period, the amended GTC become effective. Before this period begins, aGYM will inform the customer of the right to object, the deadline, and the significance of failing to object.2.4
Any amendment of essential contractual obligations is excluded. Essential contractual obligations are those obligations that enable proper execution of the contract and on whose compliance the contracting parties may regularly rely.3. Conclusion of the Membership
3.1
The membership is concluded via the App. To conclude the membership, the customer must provide the following data in the App: surname, first name, gender, email address, telephone number, date of birth, place of residence, and payment method.3.2
The customer can select the desired tariff via the App. By clicking "Start Membership" after entering their personal data, the customer makes a binding offer to conclude the membership and agrees to the GTC.3.3
All entries are displayed to the customer in an order summary before clicking this button. The customer then selects a payment method. Before submitting the binding offer by clicking "Start Membership," the customer may correct their entries or cancel the process at any time. To conclude a contract, the customer must (1) be 18 years of age or older, or be 16 years of age or older and have the consent of their legal guardians (parents or guardian) to this agreement, (2) be authorized to enter into a legally binding contract with aGYM and not be prevented from doing so by applicable law, and (3) be a resident of Germany. Customers who have reached the age of 16 but have not yet reached the age of 18 warrant upon concluding the membership that the consent of all legal guardians to the conclusion of the contract and the use of the studios has been obtained. Confirmation is provided during the registration process in the App. The customer further warrants that all information provided to aGYM during registration is true, correct, and complete and undertakes to ensure this at all times. aGYM is entitled to request proof of the legal guardians' consent at any time. If such proof is not provided within a reasonable period, aGYM is entitled to suspend access and terminate the membership with immediate effect.3.4
aGYM confirms receipt of the order without delay by email and via the App. The order confirmation contains a summary of the essential contractual terms, including the selected tariff, the price, and the start of the membership. This order confirmation constitutes the binding acceptance of the offer by aGYM, thereby concluding the membership. The current General Terms and Conditions and the Privacy Policy are available at all times via the App and the aGYM website and are linked in the order confirmation.3.5
After successfully concluding the membership, the customer may obtain access to the studios included in the selected tariff via the App. The type and scope of studio access depend on the selected tariff and are described in the respective tariff description in the App.3.6 Minor Customers; Health Advisory and Liability
3.6.1
Use of the studios by minor customers (aged 16–17) is at their own risk and under the responsibility of their legal guardians. The duty of supervision remains with the legal guardians, including during the minor's stay in the studio. aGYM assumes no duty of supervision over minor customers.3.6.2
Minor customers are recommended to have their fitness for training confirmed by a physician before commencing training. aGYM reserves the right to require a medical clearance certificate in individual cases.3.6.3
Legal guardians are liable for damages caused by the minor customer in the studio to the extent that they have breached their duty of supervision. aGYM is not liable for health-related damages attributable to training loads that are inappropriate for the minor customer's age or health, unless aGYM caused the damage through its own fault.3.6.4
If it is established that a customer had not reached the required minimum age at the time of concluding the contract or that the claimed consent of the legal guardians was not obtained, aGYM is entitled to terminate the contract with immediate effect. Services already rendered cannot be reclaimed; outstanding claims, particularly from A-Bar purchases, remain due.4. Right of Withdrawal
Customers who have concluded their contract with aGYM via the App and who are consumers within the meaning of Section 13 of the German Civil Code (BGB) have a statutory right of withdrawal, about which aGYM provides the following information.Instructions on Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us (aGYM, Westendhof 10, 45143 Essen; Tel.: 0201 38409150; Email: support@agym.io; District Court of Essen; HRB 32094; VAT ID No.: DE354937907) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notification of exercising the right of withdrawal before the withdrawal period expires.Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs resulting from you choosing a delivery method other than the least expensive standard delivery we offer), without undue delay and at the latest within fourteen days from the day on which we received your notice of withdrawal. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement. If you requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of services already provided up to the point at which you informed us of your decision to withdraw, relative to the total scope of services provided for in the contract.Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it.)To: aGYM, Westendhof 10, 45143 Essen, Email: support@agym.io
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service: _______________
Ordered on (*)/received on (*): _______________
Name of consumer(s): _______________
Address of consumer(s): _______________
Signature of consumer(s) (only if communicated on paper): _______________
Date: _______________
(*) Delete as appropriate.
5. Free Use (Freemium)
5.1
aGYM offers registered customers the opportunity to use a selected studio on a specific day of the week free of charge ("Freemium Use"). Freemium Use entitles the customer to enter the selected studio on the chosen weekday on a weekly recurring basis during regular opening hours and to use the training facilities available there. Freemium Use is subject to the same conduct and usage rules as a paid membership.5.2
During the initial registration in the App, the customer selects a weekday and a studio location for Freemium Use on a one-time basis. This selection is permanent, irrevocable, and binding for the entire lifecycle of the customer account. A subsequent change of the selected weekday or studio location is excluded, regardless of whether the customer deletes their account, creates a new account, or otherwise attempts to circumvent the original selection.5.3
aGYM employs technical measures to ensure the one-time and permanent assignment of Freemium Use to a customer. These measures may include device-, network-, and payment-method-related identifiers. If it is determined that a customer is attempting to make a new or modified Freemium selection by creating a new account or through other means, aGYM is entitled to refuse registration, suspend the affected account, and/or revoke Freemium Use. There is no entitlement to a renewed selection or modification of the Freemium parameters.5.4
Freemium customers are generally not required to store a payment method in the App. However, the storage of a valid payment method is a prerequisite for the use of paid additional services, in particular purchases at the A-Bar (Section 8). Without a stored payment method, such additional services cannot be used. aGYM reserves the right to require Freemium customers to store a valid payment method insofar as this is necessary for security and verification measures or for the prevention of abuse.5.5
aGYM reserves the right to restrict, modify, or discontinue Freemium Use at any time with reasonable prior notice, provided there are objective reasons for doing so (e.g., capacity constraints, renovation works, permanent closure of a studio). The customer has no entitlement to the permanent provision of Freemium Use in unchanged form. In the event of a permanent discontinuation of Freemium Use, aGYM will inform the customer in a timely manner and offer the option of switching to a paid membership.6. Officially Ordered Closure
Memberships concluded during a pre-sale for a new studio opening or during the temporary closure of a studio due to official orders or legal requirements (e.g., due to the Corona pandemic) are subject to the condition precedent that the respective studio opens or the official/legal opening ban ceases to apply. This means that while the contract is concluded at the time of the contract formation described in Section 3, the contractual performance obligations only take effect once the condition is met (i.e., on the day the studio first opens or reopens after the ban is lifted). Unless otherwise agreed in the respective pre-sale offer, the customer is not obliged to pay fees before the condition is met, and aGYM is not obliged to provide the studio before then. If a payment is agreed upon before the studio opens as part of a pre-sale offer, the agreed membership term is extended by the period between the start of the payment obligation and the actual opening of the studio.7. House Rules; Use of Lockers and Parking Spaces
7.1
When using the studio, the customer must comply with the house rules stored in the App. The house rules are part of the membership concluded between the parties.7.2
The house rules may, in particular, include regulations on the customer's conduct obligations for permissible use of the studio and on safeguarding the rights of other customers.8. A-Bar; In-Studio Purchases
8.1
aGYM studios feature a point of sale ("A-Bar") where products such as protein bars, beverages, and other fitness products may be purchased. Ordering and payment for A-Bar products is conducted exclusively via the App. By placing an order via the App, a purchase contract for the respective product is concluded between the customer and aGYM.8.2
A-Bar purchases are not billed individually but are recorded as part of a bundled billing process. Outstanding amounts from A-Bar purchases are maintained as a balance on the customer account until one of the billing triggers described below occurs. The charge is then debited using the payment method stored by the customer.8.3
The debit of the outstanding balance is triggered when one of the following circumstances occurs:(a) For Freemium customers: The outstanding balance is debited on the 1st of the month following the purchase. However, if the outstanding balance exceeds EUR 25.00 (billing threshold) at any time, the entire outstanding balance is debited immediately — including the amount that exceeded the threshold.
(b) For membership customers: The outstanding balance is debited together with the next due membership fee. However, if the outstanding balance exceeds EUR 25.00 (billing threshold) before the next membership billing date, the entire outstanding balance is debited immediately — including the amount that exceeded the threshold.
8.4
In all cases, the entire outstanding balance at that time is always debited. A partial debit limited to the billing threshold amount does not take place. If a single order exceeds the billing threshold, the full order amount together with any previously accumulated outstanding amounts is debited immediately.8.5
If a due debit cannot be successfully processed, in particular because the stored payment method has expired, is blocked, or has insufficient funds, aGYM will notify the customer via the App and/or by email and request settlement of the outstanding balance and an update of the payment method. aGYM is entitled to suspend the customer's access to the studios and the A-Bar until the outstanding balance has been fully settled and a valid payment method has been stored. Outstanding amounts remain due even after termination or expiry of the membership or Freemium Use and must be settled by the customer.8.6
If a customer attempts to circumvent an outstanding claim after a failed payment by deleting their account and re-registering, aGYM is entitled to refuse re-registration and suspend access until the outstanding claim has been settled. aGYM employs technical identification measures pursuant to Section 5.3 for this purpose. This applies equally to attempts to store a temporary or insufficiently funded payment method in order to frustrate debits.9. Email Address / Change of Customer Data
9.1
When concluding the membership, the customer provides aGYM via the App with an email address for communication. Legally significant declarations by aGYM (e.g., reminders, information on studio closures) may be transmitted in writing by post, by email, or via the App.9.2
The customer must promptly notify aGYM via the App of any changes to their data (in particular, name, address, email address, and payment method).10. Invoicing and Payment Methods
10.1
The membership fee is debited using the payment method specified by the customer. The membership fee is due monthly. The monthly period is calculated from the date of contract conclusion ("Billing Period").10.2
To use the studios, the customer must store one or more payment methods in the App. The customer authorizes aGYM to charge any payment method associated with the customer account if the primary payment method is declined or is no longer available for the payment of the membership fee. If a payment cannot be processed successfully, in particular because the respective payment method has expired or has insufficient funds, access to the studios may be suspended until aGYM has successfully collected the membership fee.11. Termination
Termination by the Customer
11.1
The customer may terminate the membership at any time. The termination becomes effective at the end of the current billing period. The termination may be initiated in the App via the "Terminate" button.11.2
The customer may continue to use the studios until the end of the billing period.Ordinary Termination by aGYM
11.3
aGYM is entitled to terminate the membership at any time with effect at the end of the current billing period. The termination will be communicated to the customer by email and/or via the App. The customer may continue to use the studios until the termination takes effect.Extraordinary Termination by aGYM
11.4
aGYM is entitled to terminate the membership without notice for cause. Cause exists in particular if the customer:(a) repeatedly or seriously violates the house rules, the code of conduct, or these GTC;
(b) harasses, threatens, discriminates against, or otherwise infringes upon the rights of other customers or aGYM employees;
(c) engages in hate speech, bullying, or discrimination, whether in the studio or via the App or its digital features;
(d) intentionally or through gross negligence damages the studio's facilities or equipment;
(e) deliberately provided false information during registration, in particular regarding their age or the consent of their legal guardians;
(f) uses a stored payment method that they are not authorized to use, or fraudulently attempts to circumvent payments.
Legal Consequences of Extraordinary Termination (Suspension/Ban)
11.5
In the event of an extraordinary termination pursuant to Section 11.4, the customer's access to all studios and the App is suspended with immediate effect ("Ban"). The customer will receive a full refund of the last fully paid membership fee. The refund is processed via the payment method stored by the customer. Outstanding claims, particularly from A-Bar purchases pursuant to Section 8, remain unaffected and are collected separately via the stored payment method. Outstanding claims are not set off against the refund amount.Permanent Exclusion and Circumvention Protection
11.6
A ban pursuant to Section 11.5 applies indefinitely and to all aGYM studios. The customer is not entitled to create a new account or otherwise re-register after a ban. aGYM employs technical identification measures pursuant to Section 5.3 to ensure compliance with the ban. If a circumvention attempt is detected, aGYM is entitled to suspend and delete the new account without prior notice. There is no entitlement to the use of the studios or the App after a ban has been issued.Termination of Freemium Use
11.7
Sections 11.3 to 11.6 apply accordingly to Freemium Use. In the event of an extraordinary termination of a Freemium customer, the refund pursuant to Section 11.5 does not apply, as no membership fee was charged. Outstanding A-Bar claims remain unaffected and must be settled by the customer.Hearing
11.8
Before issuing an extraordinary termination, aGYM will, where possible, give the customer the opportunity to respond. This does not apply if immediate suspension is necessary to protect other customers, employees, or the studio facilities, or if the customer is unreachable for other reasons.12. Changes to Price and Membership Offer
12.1
aGYM is entitled to adjust the membership price from time to time at its reasonable discretion to reflect changes in the total costs associated with providing its services. aGYM will inform the customer of the intended price adjustment via the App.12.2
The price adjustment only takes effect with the customer's express consent.12.3
If the customer refuses consent, aGYM is entitled to terminate the membership at the end of the next billing period.13. User-Generated Content; Grant of Rights; Copyright
13.1
The App offers the customer the ability to create, upload, or publish their own content, in particular photos, images, texts, and other contributions within the session feature of the App (collectively "User-Generated Content"). The customer may use their own recordings or select from a library of pre-made images and templates provided by aGYM. User-Generated Content does not originate from aGYM and is not published on behalf of aGYM. aGYM does not adopt User-Generated Content as its own.13.2
By uploading or publishing User-Generated Content via the App, the customer grants aGYM a free, non-exclusive, temporally and geographically unrestricted, transferable, and sublicensable right of use to such content. This right of use includes the right to store, reproduce, make publicly available, edit, and use the User-Generated Content in all media and distribution channels, including but not limited to use in the App, on the aGYM website, in social media, and for advertising and marketing purposes. Separate compensation for the grant of these rights of use is excluded. The grant of rights survives the termination of the membership or Freemium Use insofar as the content was published or used prior to termination.13.3
The customer warrants that they hold all rights to the content they upload or publish and are entitled to grant aGYM the rights of use described in Section 13.2. The customer warrants in particular that the User-Generated Content does not infringe any third-party rights, including copyrights, trademark rights, personal rights, or the right to one's own image (Section 22 KUG). To the extent that User-Generated Content contains images of other persons, the customer warrants that the depicted persons have consented to the recording and publication.13.4
aGYM is not liable for User-Generated Content and in particular not for copyright or personal rights infringements by customers. The customer shall indemnify aGYM against all third-party claims based on a breach of the warranties under Section 13.3, including the reasonable costs of legal defense. aGYM is entitled to remove User-Generated Content at any time without giving reasons, in particular if there are indications of a legal infringement or if the content violates the house rules or the code of conduct.13.5
User-Generated Content must not:(a) violate applicable law or incite criminal offenses;
(b) be racist, discriminatory, degrading, insulting, threatening, or constitute incitement to hatred;
(c) contain pornographic, violence-glorifying, or content harmful to minors;
(d) infringe copyrights, trademark rights, personal rights, or other third-party rights;
(e) contain advertising, spam, or commercial offers unless aGYM has expressly consented.
Violations of this provision may, in addition to the removal of the content, also justify extraordinary termination pursuant to Section 11.4.
14. Wi-Fi Use in the Studio
14.1
aGYM provides customers with free Wi-Fi internet access in the studios. There is no entitlement to a specific bandwidth, speed, availability, or uninterrupted functionality of the Wi-Fi. aGYM is entitled to restrict, temporarily suspend, or discontinue Wi-Fi access at any time.14.2
The use of Wi-Fi is permitted exclusively for general internet activities within the usual scope of a studio visit (e.g., use of the aGYM App, communication, general browsing). The customer is obliged to comply with applicable laws when using the Wi-Fi.14.3
When using the Wi-Fi, the customer is prohibited in particular from:(a) streaming or downloading movies, series, or other bandwidth-intensive media content unrelated to studio use;
(b) accessing, distributing, or storing pornographic, violence-glorifying, content harmful to minors, or otherwise unlawful content;
(c) using file-sharing services, peer-to-peer networks, or comparable platforms;
(d) downloading or distributing copyrighted content without authorization;
(e) sending spam, malware, or carrying out cyberattacks of any kind;
(f) any other use that violates applicable law or is likely to cause harm to aGYM, other customers, or third parties.
14.4
The customer is solely responsible for all activities conducted via their Wi-Fi access. aGYM is not liable for damages incurred by the customer through the use of Wi-Fi, in particular not for data loss, data protection violations, or damages caused by malware. aGYM points out that the use of publicly accessible Wi-Fi carries particular risks for data security and recommends that the customer take appropriate protective measures on their devices. The customer shall indemnify aGYM against all third-party claims arising from the customer's unlawful use of the Wi-Fi.14.5
In the event of violations of the provisions of this section, aGYM is entitled to immediately suspend the Wi-Fi access of the affected customer. Serious or repeated violations may additionally justify extraordinary termination pursuant to Section 11.4.15. Code of Conduct
15.1
The customer undertakes to behave respectfully, considerately, and in accordance with applicable laws in the studio and when using the App. The house rules stored in the App (Section 7) form part of these conduct obligations and must be observed by the customer. The code of conduct under this section supplements the house rules.15.2
The customer is prohibited in particular from:(a) hate speech, incitement to hatred, discrimination, or bullying of any kind, whether in the studio, towards other customers or aGYM employees, or via digital features of the App (e.g., session feature, messages, comments);
(b) harassment, threats, intimidation, or coercion of other persons;
(c) racist, sexist, homophobic, or otherwise degrading behavior or statements;
(d) photographing or filming other persons in the studio without their express consent;
(e) vandalism or deliberate damage to studio facilities and equipment;
(f) consumption of illegal substances in the studio;
(g) any other conduct that disrupts studio operations, impairs other customers' use, or damages the reputation of aGYM.
15.3
The code of conduct applies equally to the customer's behavior in the studio on-site and to the use of the App's digital features. Violations via the App (e.g., discriminatory content in the session feature, bullying via App messages) are treated in the same manner as on-site violations in the studio.15.4
Violations of the code of conduct may, depending on their severity, result in the following measures:(a) a warning by aGYM;
(b) temporary suspension of access to the studio and/or the App;
(c) removal of User-Generated Content pursuant to Section 13.4;
(d) extraordinary termination and permanent exclusion (ban) pursuant to Sections 11.4–11.6.
The choice of measure is at the discretion of aGYM and depends on the severity and frequency of the violation. In the case of serious violations (in particular under Section 15.2), an immediate extraordinary termination without prior warning may be issued.
16. Availability of the App and Studio Infrastructure
16.1
aGYM endeavors to make the App and all associated digital services and features available as continuously as possible. However, no guarantee is given for constant, uninterrupted, or error-free availability. In particular, availability may be temporarily restricted or interrupted by maintenance work, software updates, technical disruptions, force majeure, or circumstances beyond the control of aGYM.16.2
aGYM endeavors to maintain the studios, including all on-site facilities, equipment, and services, in proper and functional condition. There is no entitlement to the constant availability of all facilities, equipment, and services. Temporary restrictions may arise in particular from maintenance, repairs, renovation works, or technical defects.16.3
In the event of disruptions or outages, aGYM will endeavor to restore functionality as quickly as possible. There is no entitlement to restoration within a specific timeframe.16.4
aGYM will, where possible, announce planned maintenance work that may lead to temporary unavailability in advance and schedule it during low-usage periods.16.5
For damages incurred by the customer due to temporary unavailability of the App or studio infrastructure, aGYM is liable only in accordance with the general liability provisions in Section 17 of these GTC. A reduction or refund of the membership fee due to temporary, short-term restrictions is excluded unless the restriction renders the use of the studio completely impossible for a continuous period of more than seven (7) days and aGYM is responsible for the cause.17. Liability
17.1
The liability of aGYM, its legal representatives, and vicarious agents for damages resulting from injury to life, body, or health, as well as liability under the Product Liability Act and liability for fraudulently concealed defects or the assumption of a quality guarantee, is not limited by these GTC. Furthermore, these GTC do not limit the liability of aGYM for damages based on an intentional or grossly negligent breach of duty by aGYM, its legal representatives, or vicarious agents.17.2
If none of the aforementioned cases apply, the liability of aGYM for damages arising from the breach of an obligation essential for achieving the contractual purpose — the fulfillment of which enables the proper performance of the contract in the first place and on whose compliance the customer relies and may rely (essential contractual obligation) — is limited to typical and foreseeable damages.17.3
Otherwise, the liability of aGYM is excluded. To the extent that liability for damages is limited under this section, this also applies to the liability of aGYM's vicarious agents and legal representatives.18. Miscellaneous
18.1
In fulfillment of the obligations under Section 36 of the Consumer Dispute Resolution Act (VSBG), aGYM states that it is not willing to participate in dispute resolution proceedings before a consumer arbitration board. The European Commission's Online Dispute Resolution platform is available at: https://ec.europa.eu/consumers/odr18.2
The law of the Federal Republic of Germany applies. If the customer is a consumer and does not have their residence in the Federal Republic of Germany, the membership is subject to the law of the Federal Republic of Germany, unless mandatory provisions of the law of the state in which the consumer is habitually resident provide otherwise.aGYM – GTC (as of March 2026)