GPATH TERMS OF SERVICE

Last Updated: 26.04.2025

OVERVIEW

These Terms of Service ("Terms") establish the agreement between you and GPATH SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ ("Gpath," "we," "us," or "our") regarding your access and use of:

• The Gpath website located at www.getgpath.com
• The Gpath mobile application
• Gpath Pin sensors and related products
• All services associated with these platforms (collectively, "Gpath Services")

BY PLACING AN ORDER, DOWNLOADING THE APP, OR USING GPATH SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. If you do not accept these Terms, please do not use our products or services.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

ABOUT YOU

To use Gpath Services, you must be at least 16 years of age. If you are between 16 and the age of majority in your jurisdiction, your parent or legal guardian must review and agree to these Terms on your behalf and supervise your use of Gpath Services. Your parent/guardian is fully responsible and liable for your compliance with these Terms.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

The ways we use your personal information are described in our Privacy Policy. If you do not accept our Privacy Policy, please do not use Gpath Services.

If we need to contact you, we will use the contact details you have provided us.

IMPORTANT HEALTH AND SAFETY WARNINGS

Medical Device Disclaimer

GPATH PRODUCTS ARE NOT MEDICAL DEVICES AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. What you do while using our products and services is at your own discretion and risk. If you have a heart condition or other medical condition, we strongly recommend consulting a medical doctor before starting an exercise routine with Gpath Pin device.

Components Warnings

THE GPATH PIN SENSORS CONTAIN MAGNETS. If you have a pacemaker, defibrillator, insulin pump, or any other implanted medical device that could be affected by magnetic fields, DO NOT use Gpath products without first consulting your physician. The magnets in our sensors could potentially interfere with these devices.

Bluetooth Connectivity Warning

Gpath products use Bluetooth technology. If you have any concerns about Bluetooth signals interfering with your health or medical devices, do not use the device or consult with your doctor first. Use of Bluetooth-enabled devices is at your own risk.

Battery Warning

Our products contain built-in rechargeable batteries. Refrain from using our product if it appears that the battery is damaged or unusually hot. Do not attempt to remove any battery, do not charge it other than in accordance with our user guide, and do not dispose of it except in accordance with applicable law.

General Fitness Warning

Always exercise according to your fitness level and capabilities. Discontinue exercise and seek medical attention if you experience pain, dizziness, shortness of breath, or other unusual symptoms. The Gpath Pin is designed to enhance your workout tracking but is not a substitute for proper form, technique, or professional fitness guidance. Any guidance, tips, or content provided by Gpath — whether through the app, website, or social media channels — is for informational purposes only and should not be considered professional medical, fitness, or health advice. Always exercise at your own risk and consult a qualified professional before starting or modifying your exercise routine.

GPATH ONLINE STORE - TERMS OF SALE

Description Accuracy

While we aim to keep our website and product information up to date, we cannot guarantee that all information is accurate, complete, or current. The material on our site is provided for general information only. Any reliance on this material is at your own risk. We reserve the right to modify the contents of our site at any time without notice. We have made every effort to display as accurately as possible the colors and images of our products, but we cannot guarantee perfect accuracy.

Ordering

When placing an order at www.getgpath.com, you will provide personal and payment information. We may conduct fraud checks in connection with payment transactions. You will receive an order confirmation email, but this does not mean we have accepted your order. We reserve the right to decline orders at our discretion. No contract for sale will be binding until payment is received and the order is fulfilled and dispatched from our warehouse.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Price/Payment

Prices on www.getgpath.com are shown in multiple currencies. Prices for our products are subject to change without notice. Depending on your location, prices may be shown inclusive or exclusive of taxes. If your delivery address is not in the EU, it may be necessary for you to pay import duties or sales taxes once a shipment reaches your country. These import duties and sales taxes are your responsibility.

We are not responsible for any additional charges applied by your payment provider. If your payment method is not denominated in the currency of your purchase, the final price may be charged in a different currency as calculated by your payment provider.

We are unable to apply two discounts or run two promotions simultaneously.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Changing Orders

After placing an order, it may not be possible to alter it. If you need to change your order, please email support@getgpath.com as soon as possible. If the order has not been dispatched, we will try to accommodate the change. Otherwise, please wait for delivery and follow our Returns Policy.

Pre-orders

Gpath accepts pre-orders for items that are out of stock. Pre-orders will be dispatched once items are in stock, on a first-come-first-served basis. We cannot guarantee a specific dispatch date for any order. Orders with multiple units will be dispatched when all units for that order are in stock. You may cancel your pre-order at any time before dispatch and receive a full refund by contacting us at support@getgpath.com. After dispatch, please refer to our Returns Policy.

In the case of Products offered in the pre-sale mode, the date of their delivery to the Customer is extended and may not be specified as to a specific day. The date of shipment of the Product to the Customer is specified by the Seller in the most precise way on the website.

Shipment

Once accepted, your order will be shipped from our warehouse. Shipping and delivery dates are estimates only and cannot be guaranteed. Your shipment will be sent via a recorded delivery service, and we accept responsibility for damage or loss during shipment, except when:

a) You choose to change the delivery service such that your order is left unattended or no longer requires a signature. In this case, responsibility passes to you when the change to the service is made.

b) Your delivery address requires an unrecorded service (including PO boxes, military post boxes). In this case, responsibility passes to you once the order leaves our warehouse.

Once delivered to your specified address, the order becomes your responsibility.

If your delivery address is not in the EU, it may be necessary for you to pay import duties or sales taxes once a shipment reaches your country. These import duties and sales taxes are your responsibility.

Returns Policy

If you are not satisfied with your purchase, please refer to our Returns Policy for details.

GPATH TERMS OF USE

Use At Your Own Risk

While we aim to provide useful and reliable information through our websites and applications, we cannot guarantee its accuracy, and it is not meant to be of a standard of a medical or scientific measurement device.

WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, AVAILABILITY, EFFECTIVENESS OR CORRECT USE OF INFORMATION PROVIDED TO YOU WHILE USING OUR PRODUCTS AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OF ANY KIND THAT OUR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

We do not assume and will not have any liability or responsibility to you or any other person or entity for any third-party content. Third-party content and links are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Registration and Account

To use Gpath Services, you will need to register in the app, setting a username, email and password. You agree to provide true and complete information when registering. You are responsible for any use of Gpath Services with your username and password. By downloading, installing, using, and providing information to or through Gpath Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Availability

We do not guarantee that our websites, applications, or services will always be available or uninterrupted. We reserve the right to conduct maintenance or improvements, during which times they may be temporarily unavailable. We reserve the right to modify or discontinue Gpath Services (or any part thereof) without notice at any time. We shall not be liable for any modification, suspension, or discontinuance of Gpath Services.

Right Of Use

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the software and mobile applications accompanying our products and to use the software embedded in our products for your personal, non-commercial purposes.

You are not permitted to:

• Use, display, mirror, or frame our websites or applications without our express written consent
• Use the Gpath logo or any of our proprietary information without our consent
• Access or tamper with non-public areas of our websites, applications, or computer systems
• Test the vulnerability of our systems or breach any security measures
• Circumvent any technological measure implemented to protect our websites and applications
• Access our websites or applications using mechanisms other than those provided by us
• Modify, decompile, disassemble, reverse-engineer, or tamper with any software or hardware
• Use our products for any illegal or unauthorized purpose
• Transmit any worms or viruses or any code of a destructive nature

Your license commences when you access or install our software or mobile applications and continues until terminated by you or us. You may terminate your license by deleting and ceasing to use our software and mobile applications. We may terminate the license if we cease to support the software or applications or if you violate any part of these Terms.

Subscription Services

If your Gpath purchase includes a subscription or if you purchase a subscription separately, you are bound by additional Subscription Terms, which form part of these Terms of Service.

Gpath may offer promotions or discounts related to subscriptions. Please read the details of those offers carefully, as additional terms presented during signup will form part of these Terms. Unless specified in writing, all discount offers requiring payment are non-refundable. Free trials or promotions must be used within the specified timeframe. You may need to provide a valid payment method to initiate a free trial; if you do not cancel before the trial ends, your account will convert to a paid subscription and be charged accordingly.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

Your Content

We may provide functionality for you to share content, including information about yourself, your use of our products, or related content such as photos, videos, or data (collectively, "Your Content") with other users via our websites or applications.

When you share Your Content, you grant us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, publicly display or perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media.

Your Content is your responsibility. You represent and warrant that:

• You own Your Content or have all rights necessary to grant us the license described above
• Your Content and its use will not infringe others' intellectual property rights or privacy rights
• Your Content will not be fraudulent, false, misleading, or deceptive
• Your Content will not be defamatory, obscene, pornographic, vulgar, or offensive
• Your Content will not encourage discrimination, bigotry, racism, hatred, harassment, or harm
• Your Content will not be violent or threatening
• Your Content will not encourage illegal or harmful activities

You will not upload content containing viruses or designed to interrupt or destroy functionality of any equipment or services. You will not impersonate others or collect information from other users without authorization. You will not post commercial content or spam.

We reserve the right to alter, remove, or refuse to display any of Your Content and to prohibit you from sharing content via our platforms.

OTHER LEGAL TERMS

Intellectual Property

Our products and services are protected under national and international intellectual property laws. We claim all copyright in Gpath Services.

Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR GPATH SERVICES, AND UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OCCASIONED BY YOUR USE OF, OR INABILITY TO USE, GPATH SERVICES.

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR PRODUCTS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

In no case shall Gpath Shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product.

Applicable Law, Arbitration, and Dispute Resolution

These Terms, the relationship between you and Gpath, and all related matters will be governed by and construed in accordance with the laws of Poland, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any dispute shall be referred to and finally resolved by arbitration under the rules of the Polish Court of Arbitration. The number of arbitrators shall be one. The seat of arbitration shall be Warsaw, Poland, and the language of the arbitration shall be English. Any award rendered in arbitration is final and binding.

TO THE EXTENT NOT PROHIBITED BY THE LAWS IN YOUR JURISDICTION: (A) YOU EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (B) YOU EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING CLASS ACTION LAWSUITS INVOLVING ANY DISPUTE RELATED TO THESE TERMS OR GPATH SERVICES.

Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using Gpath Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with security features of our services or other websites.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Indemnification

You agree to indemnify, defend, and hold harmless Gpath and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or third-party rights.

Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity of the remaining provisions.

Termination

These Terms are effective until terminated by either you or us. You may terminate these Terms by notifying us that you no longer wish to use our Services or by ceasing to use our site. We may terminate this agreement if you fail to comply with any term or provision, and you will remain liable for all amounts due up to the termination date.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Entire Agreement

These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us and govern your use of Gpath Services, superseding any prior agreements or proposals. Any ambiguities in these Terms shall not be construed against the drafting party.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms by posting updates on our website. It is your responsibility to check our website periodically for changes. Your continued use of Gpath Services following the posting of changes constitutes acceptance of those changes.

You can review the most current version of the Terms of Service at any time on this page.

Contact Information

Questions about these Terms should be sent to us at support@getgpath.com.

GPATH SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Trzy Lipy 3 / 4.8.1B
80-172 Gdańsk
Poland
Phone: +48 662 686 612
Email: support@getgpath.com
REGON: 529207303
VAT: PL8442385840