Terms of Service

Last updated:

Who We Are

Gram Fit is developed and operated by NIKO LABS PTE LTD (“we,” “us,” “our”). We are a company registered in Singapore at 1 Raffles Place, #34-04, One Raffles Place, Singapore 048616.

These Legal Terms constitute a legally binding agreement for the use of the Gram Fit mobile application, website, and related services.

Agreement to Our Legal Terms

We operate the mobile application Gram Fit (the “App”) and related features and services that are part of the Gram Fit application (collectively, the “Services”).

You can contact us by email at dpo@nikolabs.ai, or by mail to 1 Raffles Place, #34-04, One Raffles Place, Singapore 048616.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and NIKO LABS PTE LTD, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: dpo@nikolabs.ai.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

3. User Representations

By using the Services, you confirm that:

  • You will provide accurate and complete registration information and keep it updated
  • You are legally able to enter into these Terms and are 18 years or older
  • You will use the Services only through legitimate means (no bots, scripts, or automated access)
  • You will use the Services only for lawful purposes and in compliance with all applicable laws
  • You agree to follow all terms and conditions outlined in this agreement
  • You understand that health and fitness advice provided through the Services is for informational purposes only and should not replace professional medical advice

Important: We reserve the right to suspend or terminate your account if you provide false information or violate these representations.

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. Mobile Application License

If you access our Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms.

App Store Requirements

You acknowledge and agree that the availability of the mobile application is dependent on the third party from which you received the mobile application license, e.g., the Apple App Store or Google Play Store (“App Store”). You acknowledge that these Legal Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the mobile application, the content thereof, maintenance, support services, and warranty therefor, if any.

App Store Terms

You must comply with all applicable third-party terms of agreement when using the mobile application. You acknowledge and agree that the App Store (and its subsidiaries) are third-party beneficiaries of these Legal Terms and will have the right to enforce these Legal Terms against you.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Data misuse: Systematically retrieve data to create databases or directories without permission
  • Security violations: Circumvent security features, attempt to access unauthorized areas, or interfere with the Services' operation
  • Fraudulent activities: Deceive, mislead, or impersonate other users or attempt to obtain sensitive account information
  • Harmful content: Upload viruses, spam, or other malicious material that disrupts the Services
  • Automated systems: Use bots, scrapers, or other automated tools to access the Services
  • Intellectual property violations: Copy, reverse engineer, or remove copyright notices from our software or content
  • Harassment: Abuse, threaten, or harm other users or our staff
  • Legal violations: Use the Services in any manner that violates applicable laws or regulations
  • Unauthorized commercial use: Use the Services for competing businesses, advertising, or revenue-generating activities without permission
  • Account violations: Create fake accounts, collect user information for spam, or transfer your profile to others
  • Health data misuse: Attempt to access, modify, or misuse health data of other users
  • Medical advice: Provide medical advice or claim to provide medical diagnosis or treatment

8. Contribution License

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

9. Services Management

We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time.

We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services, as well as any user's use of or access to Personal Data, and profiles of other users.

We may also deactivate, terminate or suspend your account or access to certain Services at any time:

  • if we, in our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof
  • if we, in our sole discretion, determine you have created risk or possible legal exposure for the company, the general public, any third party, or any user of our Services
  • in response to requests by law enforcement or other government agencies
  • upon discontinuation or material modification of any Services
  • due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.

10. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

11. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

12. Modifications to the Terms

As our Services grow and improve, we may need to update these Terms from time to time. When we do make changes, we'll post the updated Terms on our Services and update the “Last updated” date at the top of this document. For significant changes, we'll also try to notify you via email or through notifications when possible.

Sometimes we may ask you to explicitly review and agree to new Terms before continuing to use our Services. In those cases, the changes will take effect once you agree to them. For other updates, the revised Terms will become effective on the date we specify in the updated document.

By continuing to use our Services after any changes take effect, you're indicating that you accept the updated Terms. If you don't agree with any modifications, you'll need to stop using our Services. Please note that changes won't apply retroactively unless required by law.

13. Interruptions

While we make every effort to keep our Services running smoothly and minimize downtime, we cannot guarantee that the Services will be available 100% of the time. Despite our best efforts, interruptions, delays, or errors may still occur due to hardware failures, software issues, network problems, maintenance requirements, or other unforeseen circumstances beyond our control.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time for any reason, including for maintenance, security updates, or service improvements, and we may do so with or without prior notice.

Important Disclaimer: You acknowledge and agree that we shall have no liability whatsoever for any loss, damage, inconvenience, lost profits, lost data, business interruption, or any other direct, indirect, incidental, or consequential damages arising from:

  • Your inability to access or use the Services during any downtime
  • Any service interruptions, outages, or discontinuance
  • Any errors, bugs, or technical issues in the Services
  • Any maintenance or updates that may temporarily affect service availability

Nothing in these Terms obligates us to maintain, support, or provide any specific level of service availability, or to supply any corrections, updates, or releases.

14. Governing Law

These Legal Terms shall be governed by and defined following the laws of Singapore. NIKO LABS PTE LTD and yourself irrevocably consent that the courts of Singapore shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

15. Dispute Resolution

If you have a dispute with us related to these Terms or our Services, we encourage resolving it through direct communication first. Before initiating any formal legal proceedings or arbitration, both parties agree to attempt to resolve the dispute internally through good faith negotiations for at least 120 days after written notice of the dispute is provided.

15.1 Binding Arbitration

If we cannot resolve the dispute through internal negotiations, you and NIKO LABS PTE LTD agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be settled by binding arbitration administered by the Singapore International Arbitration Centre (SIAC) under its Arbitration Rules then in effect.

Arbitration Process:

  • The arbitration shall be conducted by a single arbitrator appointed in accordance with SIAC Rules
  • The arbitration shall be conducted in English and take place in Singapore
  • The arbitrator's decision shall be final and binding on both parties
  • Each party shall bear their own costs and expenses, including attorney's fees, unless the arbitrator determines otherwise

15.2 Class Action Waiver

YOU AND NIKO LABS PTE LTD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and NIKO LABS PTE LTD agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

15.3 Exceptions to Arbitration

Exceptions: The arbitration requirement does not apply to disputes involving:

  • Intellectual property rights infringement claims
  • Allegations of theft or unauthorized use of proprietary information
  • Requests for injunctive relief or other equitable remedies
  • Small claims court matters (up to the jurisdictional limit)

These exceptions may be brought directly to the appropriate courts in Singapore.

16. Corrections

Our Services are constantly evolving. With the launch of new products, services, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. We may also update our Services, which might not work properly if you don't install the updates.

The Services change frequently, and their form and functionality may change without prior notice to you. We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”).

You acknowledge and agree that the Services may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.

17. Fitness and Wellness Activities and Dietary Disclaimer

The information provided through our Services is for general informational purposes only and is not intended as medical advice, diagnosis, or treatment. Always consult with a qualified healthcare professional before making any changes to your diet, exercise routine, or health practices.

Medical Disclaimer

The Services provide general health and fitness information, including but not limited to workout plans, nutrition guidance, and wellness tips. This information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Fitness Activities

Any fitness activities, exercises, or workout plans provided through the Services are suggestions only. You should consult with a healthcare professional before beginning any exercise program. We are not responsible for any injuries that may occur as a result of following our fitness recommendations.

Dietary Information

Nutritional information and dietary recommendations provided through the Services are for general informational purposes only. We are not licensed dietitians or nutritionists, and our recommendations should not replace professional dietary advice. Always consult with a qualified healthcare professional before making significant changes to your diet.

Health Data Accuracy

While we strive to provide accurate health and fitness tracking features, we cannot guarantee the accuracy of all data collected or processed through the Services. You should verify important health information with qualified healthcare professionals.

Emergency Situations

If you experience a medical emergency, call your local emergency services immediately. Do not rely on the Services for emergency medical assistance.

18. Limitations of Liability

We are building the best Services we can for you but we can't promise they will be perfect. We're not liable for various things that could go wrong as a result of your use of the Services.

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Gram Fit, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or Content of any third party or user of the Services; and/or (e) damages in any manner relating to any Third-Party Content or Third-party Products accessed or used via the Services.

To the maximum extent permitted by applicable law, the total liability of Gram Fit, for any claim under these Terms, including for any implied warranties, is limited to the amount you paid us to use the applicable Service(s) in the past twelve months.

If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by Gram Fit's own fraud, recklessness, gross negligence or willful misconduct.

19. Indemnification

If you are a resident of the United States or any location other than France or Germany: To the maximum extent permitted by applicable law, you agree to indemnify and hold Gram Fit, its affiliates and partners harmless from any claim or demand, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services; (c) your activities in connection with the Services; (d) your connection to the Services; (e) your violation of these Terms; (f) your use or misuse of any user's Personal Data; (g) any violation of the rights of any other person or entity by you; or (h) your employment of the Services to meet another user in person.

If you are a resident of France or Germany: Notwithstanding the previous paragraph, you agree to indemnify and hold Gram Fit, its affiliates and partners harmless from any claim or demand as result of your negligent or intentional behavior, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of (a) the Content you access through the Services; (b) your violation of these Terms; (c) your use or misuse of any user's Personal Data; (d) any violation of the rights of any other person or entity by you; or (e) your employment of the Services to meet another user in person.

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of Gram Fit's own fraud, recklessness, gross negligence or willful misconduct.

20. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

20.1 Data Portability Rights

We respect your right to control your personal data. Subject to applicable laws and our Privacy Policy, you have the following rights regarding your data:

Data Export Rights:

  • You may request a copy of your personal data in a structured, commonly used, and machine-readable format
  • This includes your profile information, workout data, nutrition logs, progress tracking, and other personal information you've provided
  • We will provide this data within 30 days of your verified request, subject to identity verification requirements

Data Transfer Rights:

  • Where technically feasible and legally permissible, you may request that we transmit your personal data directly to another service provider
  • This right applies to data you have provided to us with your consent or for the performance of our Services
  • We may charge a reasonable fee for complex or repeated requests

How to Exercise Your Rights:

  • Submit data portability requests to: dpo@nikolabs.ai
  • Include your full name, registered email address, and specific data you wish to export
  • We may require additional verification to protect against unauthorized access
  • Requests will be processed according to applicable data protection laws

Limitations:

  • Data portability rights do not apply to anonymized or aggregated data that cannot be attributed to you
  • We may exclude data that would infringe on the rights of others or proprietary algorithms
  • Certain data may be retained as required by law or for legitimate business purposes even after export

Data Retention After Export:

  • Exporting your data does not automatically delete it from our systems
  • To delete your data, please refer to our Privacy Policy or submit a separate deletion request
  • Some data may be retained as required by law or for safety and security purposes

20.2 Health Data Specific Rights

Health Data Export: You have the right to export all your health and fitness data in a structured format compatible with other health applications.

Health Data Deletion: You can request deletion of your health data at any time, subject to legal retention requirements.

Health Data Correction: You can correct inaccurate health data through the app or by contacting us.

Health Data Sharing Control: You control which health apps and devices can access your data through the app settings.

21. Miscellaneous

These Terms create a straightforward user agreement between you and us. We're not business partners, and you're not our employee — you're a valued user of our Services, and these Terms help us both understand what to expect.

This document represents our complete agreement about how you can use Gram Fit. If we need to communicate with you about anything related to your account or our Services, we'll reach out via email, regular mail, or through notifications in the app. Please keep your email address up to date and remember to check your spam folder occasionally, as important messages might end up there.

Your account is personal to you, so you can't transfer it to someone else without getting our written permission first. On our side, we may need to transfer our rights under these Terms or work with third-party contractors to help us provide the best possible service to you.

22. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

NIKO LABS PTE LTD
1 Raffles Place, #34-04
One Raffles Place
Singapore 048616

Email: dpo@nikolabs.ai