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Gutsy Terms of Service
Effective date: 21 October 2026
PLEASE READ THESE TERMS CAREFULLY. They are a legally binding agreement between you and Gutsy (Pty) Ltd. We have tried to write them in plain language. Clauses that limit our liability, place risks or responsibilities on you, or require you to indemnify us are shown in bold – please pay special attention to them, in particular clause 3 (subscriptions, renewal, cancellation and refunds), clause 7 (health and fitness disclaimer), clause 8 (limitation of liability and indemnity) and the Prenatal and Post-Pregnancy Programme Addendum.
1.1 Who we are. The Gutsy platform is owned and operated by Gutsy (Pty) Ltd (registration number 2024/683273/07), a private company incorporated in the Republic of South Africa (referred to in these Terms as “Gutsy“, “we“, “us” or “our“). In these Terms “you” or “User” means the person using the Platform.
1.2 Supplier information (as required by section 43 of the Electronic Communications and Transactions Act, 2002 (“ECTA“)):
1.3 What Gutsy is. Gutsy is a South African online fitness and wellness community for women. Through the Gutsy website (https://gutsy.global), the Gutsy mobile application (the “Gutsy App“), our community forum and groups (the “Forum“), and our other online products, services and events, members can access workout and wellness programmes, health and fitness content, progress-tracking tools and a supportive community (together, the “Platform“). Some features are free and others are available only with a paid subscription, as described on the Platform at the time you sign up.
1.4 Agreement. These Terms, together with the Forum Community Guidelines Addendum, the Prenatal and Post-Pregnancy Programme Addendum and any other terms we expressly incorporate (each as updated from time to time, together the “Terms“), apply to your access to and use of (and subscription to) the Platform. They replace any earlier terms you may have agreed with us for the Platform. By creating an account, subscribing to or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.
1.5 Privacy. We process your personal information in accordance with the Protection of Personal Information Act, 2013 (“POPIA“) and our Privacy Policy (available at https://gutsy.global/privacy-policy/), which forms part of these Terms.
1.6 Electronic communications. You agree that we may communicate with you electronically (for example by email, in-app message or notices on the Platform), and that agreements, notices and other communications we provide electronically satisfy any legal requirement that they be in writing.
2.1 Eligibility. By accessing or using the Platform, you confirm that you are 18 years or older, that you have full legal capacity to agree to these Terms, and that you have not previously been suspended or removed from the Platform. The Platform is not intended for anyone under 18 and we do not knowingly allow people under 18 to create accounts.
2.2 Creating an account. To use certain features you need to create a user account (a “User Account“) by providing your first and last names, email address, a password, your date of birth and any other information we reasonably require from time to time. You will also create a username, which is visible to other members in the Forum. Where offered, you may also create a User Account using a supported third-party sign-in. Please provide accurate and current information and keep it up to date.
2.3 Gutsy may, acting reasonably and in line with applicable law: (a) limit the number of User Accounts you may create or maintain; (b) set additional conditions for opening or maintaining User Accounts; and/or (c) refuse to create a User Account.
2.4 Security of your account. You are responsible for keeping your login details secure and for activity on your User Account. Do not share your password or allow anyone else to use your User Account. Gutsy is not responsible for loss or activity resulting from unauthorised use of your User Account caused by your failure to keep your login details secure. Please notify us immediately at [email protected] of any unauthorised use of your User Account or any other security breach.
2.5 Suspension and termination. We may suspend or terminate your User Account if you materially breach these Terms, if required by law, or to protect the Platform or other members, and we may otherwise terminate your User Account on reasonable notice to you. Where we terminate a paid subscription for a reason other than your breach, we will refund any unused portion of fees you have paid in advance. You may close your User Account at any time. These Terms continue to apply to any matter that arose before your User Account was closed or terminated.
3.1 Subscription options and price. You can subscribe to paid features on a monthly, quarterly, annual or other basis that we offer from time to time. The subscription options, what each includes, the full price (including VAT, where applicable), the billing period and the minimum duration of each subscription are shown on the Platform (https://gutsy.global or in the Gutsy App) or in the relevant app store before you confirm your purchase. There are no delivery charges – access to paid features is provided online, usually immediately after your payment is confirmed. Prices are generally quoted in South African Rand (ZAR); where we or an app store show a different currency, the price and currency will be shown before you pay.
3.2 Reviewing your order. Before you confirm a purchase on our website you will be able to review your order, correct any mistakes and withdraw from the transaction. After your purchase we will send you a confirmation by email, which you can keep as a record of the transaction. You can also contact us for a copy of your transaction record.
3.3 Promotions and price changes. Eligibility for any promotion or discount is determined when you subscribe and is subject to the specific promotion terms shown to you. We may change our subscription prices and packages from time to time. Any price change will apply only from your next billing period after we have given you reasonable prior notice of the change, and you may cancel before the new price takes effect.
3.4 Free trials. We may offer a free trial for a fixed period. Unless stated otherwise for a specific promotion, free trials are available only to new members, and we may cancel a trial if a member has already had a trial on another User Account or email address. If your free trial converts into a paid subscription, we will tell you before you start the trial; your paid subscription will start automatically at the end of the trial unless you cancel before the trial ends (see clauses 3.7 and 3.8).
3.5 Payment methods. On our website you can pay by debit or credit card (and any other payment methods shown at checkout) through a secure, PCI-DSS compliant third-party payment gateway. If you subscribe in the Gutsy App, payment is made through your Apple App Store or Google Play account (an “app store purchase“). Some banks and card issuers may charge foreign transaction or other fees; these are your responsibility.
3.6 Security of payments. Card payments on our website are processed by our payment gateway using industry-standard encryption. We do not store your full card details on our systems. You must provide complete and accurate payment information and confirm that you are entitled to use the payment method you provide. If payment is not authorised or is reversed, we may suspend your access to paid features. If we suspect fraud we may contact the card issuer or payment provider and, where appropriate, the authorities.
3.7 Automatic renewal and cancellation – monthly and quarterly subscriptions. Monthly and quarterly subscriptions renew automatically at the end of each billing period, and your payment method will be charged the then-current price, until you cancel. You can cancel at any time in your account settings on the website or by emailing [email protected]. To avoid being charged for the next period, please cancel at least 24 hours before the end of the current billing period. After cancelling you keep access to paid features until the end of the period you have already paid for.
3.8 Annual and other fixed-term subscriptions. Where you buy an annual or other fixed-term subscription on our website, and section 14 of the Consumer Protection Act, 2008 (“CPA“) applies to you:
3.9 Cooling-off right (ECTA section 44). Where you buy a subscription on our website, you may cancel the purchase without giving a reason and without penalty within 7 (seven) days after concluding the transaction, by emailing [email protected] or using the cancellation option in your account. We will refund the full amount paid within 30 days of your cancellation. Please note that, under section 42(2) of ECTA, this statutory cooling-off right does not apply if you asked for, and started using, the paid services before the 7-day period ended. This does not affect any other right you have under the CPA or other law.
3.10 Refunds. Apart from the cooling-off right in clause 3.9, the cancellation rights in clause 3.8, clause 2.5, or where the law requires otherwise (for example if paid features are not provided as described or are of poor quality, in which case you are entitled to the remedies in section 54 of the CPA), subscription fees already paid are not refundable, and cancellation takes effect at the end of your current billing period.
3.11 App store purchases. If you subscribed through the Apple App Store or Google Play, your subscription, automatic renewal, cancellation and refunds are managed by that app store under its terms. To cancel an app store purchase you must cancel through your app store account settings – deleting the Gutsy App or closing your Gutsy account does not cancel it. Refund requests for app store purchases must be made to the relevant app store. This does not limit any rights you have under South African law that cannot be excluded.
4.1 When using the Platform you must not engage in:
4.2 Contributed Content. You are responsible for all content you post, upload or send on or through the Platform or to us (including in the Forum, groups, comments, chat, and any feedback or ideas) (“Contributed Content“). You must not post Contributed Content that:
4.3 Gutsy may (but is not obliged to) monitor conduct and content on the Platform and may refuse to publish, remove or disable access to Contributed Content that we reasonably believe breaches these Terms, and may suspend your ability to post.
4.4 Some of your Contributed Content (for example replies that others have quoted) may remain visible after your User Account is closed, subject to your right to request its removal in accordance with POPIA and other Applicable Laws.
4.5 If you believe any Contributed Content breaches these Terms or the law (including copyright), please report it using the in-app report feature or email [email protected].
4.6 The Forum Community Guidelines Addendum below forms part of these Terms.
5.1 We make reasonable efforts to keep the Platform available, but access may sometimes be interrupted for maintenance, technical problems, network or system overloads, load-shedding or other events outside our reasonable control. We will try to keep downtime to a minimum and to give notice of planned maintenance where practical.
5.2 You are responsible for the device, internet connection and data costs you use to access the Platform, and for keeping appropriate anti-virus protection on your own device. Gutsy is not responsible for problems caused by your own device, software or internet connection, or for data stored only on your own device.
5.3 Please let us know as soon as possible if you notice any part of the Platform malfunctioning.
5.4 You may need to install updates to the Gutsy App to keep using it. Some features may be unavailable until you install the latest update.
5.5 We use reasonable technical and organisational security measures to protect the Platform and your information, as described in our Privacy Policy.
6.1 Our ownership. All patents, trade marks, logos, trade names, domain names, copyright, design rights, database rights, know-how and other intellectual property rights, whether registered or not (“Intellectual Property Rights“), in the Platform and its content (other than Contributed Content) belong to Gutsy or its licensors and are protected by law.
6.2 Your licence. We give you a limited, personal, non-transferable, non-sublicensable and revocable licence to access and use the Platform and its content for your own personal, non-commercial use, subject to these Terms. You may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform or its content for any public or commercial purpose without our prior written consent; remove or change any copyright, trade mark or other proprietary notices; or use any data-mining, robots or similar data-gathering methods. Your licence ends when your User Account is closed or terminated, or if you breach these Terms.
6.3 Licence of your Contributed Content. You keep ownership of your Contributed Content. By posting it, you give Gutsy a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, reproduce, distribute, display and make it available on and through the Platform and in connection with operating and promoting Gutsy (across media), for as long as it remains on the Platform and thereafter as reasonably necessary (for example in content already published). To the extent the law allows, you agree not to assert any moral rights in it against Gutsy. You confirm that you own or have the right to post your Contributed Content and to grant this licence.
7.1 The Platform’s workouts, nutrition and wellness content are for general information and education only. They are not medical advice, diagnosis or treatment, and are not a substitute for advice from a qualified health professional.
7.2 Before starting any exercise programme or changing your diet or lifestyle, please consult your doctor or another qualified health professional – especially if you are pregnant, may be pregnant or have recently given birth, are breastfeeding, have an injury or a medical condition (such as a heart condition, high blood pressure, diabetes or an eating disorder), take medication, or have not exercised for a long time. Never disregard or delay seeking professional medical advice because of something you have read or seen on the Platform.
7.3 Exercise involves a risk of injury. Listen to your body, exercise within your limits and stop immediately and seek medical help if you feel pain, faintness, dizziness, chest pain, shortness of breath or otherwise unwell. Subject to clause 8.1, you take part in workouts and programmes at your own risk.
7.4 Content and advice shared by other members in the Forum is their own opinion and is not endorsed or verified by Gutsy.
7.5 The Prenatal and Post-Pregnancy Programme Addendum below applies if you take part in any prenatal or post-pregnancy workouts or programmes.
8.1 What we do not exclude. Nothing in these Terms excludes or limits: (a) our liability for death or personal injury, or for loss or damage, caused by our gross negligence, wilful misconduct or fraud (or that of anyone acting for us); (b) any liability or consumer right that cannot be excluded or limited under the CPA, ECTA or any other Applicable Law; or (c) your rights under section 54 of the CPA to services of good quality, performed in a timely and skilful manner.
8.2 Subject to clause 8.1 and to the extent allowed by law:
8.3 Platform “as is”. Subject to clause 8.1 and your rights under the CPA, the Platform is provided on an “as is” and “as available” basis. We do not guarantee that the Platform will be uninterrupted, error-free, complete or free of viruses, or that any programme will achieve a particular result for you.
8.4 Third-party content and services. The Platform may include content provided by, or links to websites and services of, third parties (“Third Party Content“). We do not control or endorse Third Party Content and, subject to clause 8.1, are not responsible for it. Your dealings with third parties (including app stores and sign-in providers) are between you and them and are subject to their terms.
8.5 Your indemnity. To the extent allowed by law, you agree to indemnify Gutsy and the Associated Parties against any claim, loss, liability, cost or expense (including reasonable legal costs) arising from: (a) your breach of these Terms; (b) your Contributed Content; or (c) your breach of any Applicable Law or the rights of any other person. This indemnity does not apply to the extent that the claim or loss was caused by the negligence, gross negligence, wilful misconduct or breach of these Terms of Gutsy or its Associated Parties.
9.1 We may change, add or remove features of the Platform from time to time. If we make a change that materially reduces the paid features of your current subscription, we will tell you in advance and you may cancel and receive a refund of the unused, pre-paid portion of your subscription.
9.2 We may update these Terms from time to time, for example to reflect changes in the law or in our services. We will post the updated Terms on the Platform with a new effective date and, for material changes, notify you by email or in-app message at least 20 business days before they take effect. If you do not agree to the changes you may cancel your subscription before they take effect. If you keep using the Platform after the changes take effect, the updated Terms will apply to you.
10.1 If you have any questions, feedback or complaints, please contact us by email at [email protected] or by post at Block F, Belvedere Office Park, Bella Rosa Street, Bellville, Western Cape, 7530. We will acknowledge your complaint and try to resolve it fairly and promptly.
10.2 If we cannot resolve your complaint, you may refer it to the Consumer Goods and Services Ombud or the National Consumer Commission, or (for complaints about your personal information) to the Information Regulator, or use any other remedy available to you under the CPA.
10.3 These Terms are governed by the laws of the Republic of South Africa. The courts of South Africa (being the Western Cape Division of the High Court, Cape Town, or a Magistrate’s Court having jurisdiction) have jurisdiction to settle any dispute arising from or connected with these Terms or the Platform.
10.4 Nothing in these Terms affects any rights you have as a consumer under the CPA, ECTA or any other law that cannot be excluded or limited by agreement.
11.1 Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, extreme weather, fire, war, civil unrest, labour disputes, government action, load-shedding or power failures, or failures of communications networks or third-party systems. If such an event affects our services, we will tell you as soon as reasonably possible and our obligations will be suspended for as long as the event continues.
11.2 Transfer. We may transfer our rights and obligations under these Terms to another entity, provided that this does not reduce your rights under these Terms. You may not transfer your rights or obligations under these Terms to anyone else.
11.3 Severability. If any provision of these Terms is found to be unlawful, void or unenforceable, it will be severed or read down to the extent necessary, and the rest of these Terms will remain in force.
11.4 No waiver. If we do not enforce a right immediately, we may still enforce it later. A waiver is only valid if it is in writing.
11.5 Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and Gutsy.
11.6 Entire agreement. These Terms (including the Addenda and our Privacy Policy) are the entire agreement between you and Gutsy about the Platform.
The Gutsy Forum is a dedicated place for women to share their experiences, gain knowledge, find inspiration and develop encouraging friendships during their health and fitness journey. Many women believe the key to reaching their fitness goals lies in having support and advice along the way, and we agree!
We encourage members to post content that is helpful throughout a health and fitness journey. We ask that you be respectful and supportive of one another as we each strive to reach our goals and become happier and healthier!
To help us all achieve this, we have a few simple guidelines we ask all members to follow. These guidelines form part of the Terms. Please also refer to our Privacy Policy.
General rules
If you find a post that you feel violates these guidelines, please flag it using the “report” feature. If you break these guidelines, or where we otherwise reasonably consider it appropriate, we may delete your posts and/or remove you from the Forum, as set out in clauses 2.5 and 4.3 of the Terms.
Sharing information in the Gutsy Forum
Posts in the Forum (including your username) can be seen by other members and, depending on the area of the Forum and your settings, may also be visible more widely. Always remember that other people can screenshot or reshare content you post.
These provisions apply when you take part in the prenatal workouts or programmes (“Prenatal Workouts“) or post-pregnancy workouts or programmes (“Post-Pregnancy Workouts“) offered by Gutsy on the Platform. If you do not agree to these provisions, you must not take part in the Prenatal Workouts or Post-Pregnancy Workouts.
When taking part in any Prenatal Workouts or Post-Pregnancy Workouts, you confirm and acknowledge that:
Thank you for being part of the Gutsy community.
Gutsy (Pty) Ltd
Effective date: 21 October 2026
Gutsy is owned and operated by Gutsy (Pty) Ltd (registration number 2024/683273/07), a private company registered in South Africa. When we say “we”, “us”, “our” or “Gutsy” in this policy, we mean Gutsy (Pty) Ltd. Under the Protection of Personal Information Act, 2013 (“POPIA”), Gutsy (Pty) Ltd is the “responsible party” for the personal information described in this policy.
This page explains what personal information we collect when you use the Gutsy website (gutsy.global), the Gutsy mobile app, and our related services, events and communications (together, our “Service”), why we collect it, who we share it with, and the choices and rights you have. We will not use or share your information with anyone except as described in this Privacy Policy. We do not sell your personal information.
At Gutsy we take your data protection seriously and want you to stay in control of your data. If you no longer want to use Gutsy, or you want us to remove the data in your account, you can do it yourself. Log in to your account, go to your account settings, and choose “Delete Account”. This deletes your account, your profile and contact details, the content you created (such as posts, comments, photos and journal entries) and the account data stored on our servers.
Please note:
You can also ask us to delete your information by emailing [email protected].
The most common types of personal information we collect are:
Some of the information you can choose to give us, such as your weight, body measurements, fitness, nutrition, pregnancy or post-pregnancy status, and data from wearable devices and health apps, is information about your health. POPIA treats health information as “special personal information” and gives it extra protection.
We only process your health information with your consent, and only to provide the features you choose to use, such as progress tracking, programs, challenges, workout recommendations and Honey Badger’s answers. Connecting a wearable device or health app is optional, and you can disconnect it at any time in the app or in your device settings. We do not use your health information for advertising, and we do not share it with other people except our service providers who help us run the Service, or where you ask us to (for example when you book a session with a partner dietitian or coach). You can withdraw your consent at any time by disconnecting the device, deleting the information, or contacting us. Withdrawing consent does not affect processing that already happened.
We do not ask for your race, religion, political opinions, biometric information (such as fingerprints or face scans) or criminal history. Please do not share this kind of information in public community spaces.
We collect personal information:
If you choose not to provide personal information, we may not be able to provide you with our services and you may not be able to carry out transactions or use all the features of the Service.
POPIA only allows us to process your personal information if there is a lawful reason. We use your information:
We do not make decisions about you based solely on automated processing that have legal or similarly significant effects on you.
Gutsy is a community. Your profile, and the posts, comments, photos and other content you share in groups, forums and activity feeds, can be seen by other members (and, for content in public areas, possibly by visitors). Please think carefully before sharing personal details, especially health information, in community spaces. Your private journal entries and progress trackers are not shown to other members.
When you chat to Honey Badger, the messages you send are processed by a third-party AI model provider to generate answers, and this may take place outside South Africa. Honey Badger gives general information only and is not medical advice. Please avoid sharing information you do not need to share, such as your ID number or detailed medical history.
We send newsletters and marketing emails only:
Every marketing email includes an easy way to unsubscribe, and you can also email us to opt out. We will still send you messages about your account, payments and important changes to the Service, because these are not marketing.
We may disclose personal information to:
We use carefully selected service providers (called “operators” under POPIA) to run the Service, in these categories: website and app hosting, security and content delivery; mobile app services such as notifications; payment processing (including the Apple App Store and Google Play for in-app subscriptions); email and communications; the AI service behind Honey Badger; media and podcast hosting; and accounting. They may only use your information to provide their services to us, must keep it confidential and secure, and are bound by written agreements or their own terms to do so. Payment providers handle your card details under their own privacy policies; we do not store your full card details.
Some of our service providers store or process information outside South Africa, for example in the European Union and the United States. When this happens, we make sure, as section 72 of POPIA requires, that the recipient is subject to laws, binding rules or a written agreement that give your information a level of protection substantially similar to POPIA, or that the transfer is otherwise allowed under POPIA (for example because it is necessary to provide the Service you asked for, or you have consented).
We store personal information on secure servers managed by us and our service providers. We use reasonable technical and organisational measures to protect it, including encrypted connections (HTTPS), encrypted password storage, firewalls and security monitoring, access controls so that only authorised people can see personal information, and keeping our software up to date. Any paper records, such as signed indemnity forms, are kept in a secure location.
No system is completely secure. If we have reasonable grounds to believe that your personal information has been accessed or acquired by an unauthorised person, we will notify you and the Information Regulator as POPIA requires.
We keep personal information only for as long as we need it for the purposes in this policy, or as long as the law requires:
After this, we delete the information or de-identify it so that it can no longer be linked to you.
Gutsy is meant for adults. You must be 18 or older to create an account. Under POPIA, a child is anyone under 18, and we do not knowingly collect personal information from children without the consent of a parent or guardian. If you believe a child has given us personal information, please contact us and we will delete it.
You can see and update much of your information by logging in to your Gutsy account. Under POPIA you also have the right to:
To exercise these rights, email [email protected]. We may need to confirm your identity first. We will respond within a reasonable time and will not charge you for simple requests. You can also request records under the Promotion of Access to Information Act, 2000 (PAIA) by contacting our Information Officer.
Cookies are small files that a website stores in your browser. We use them to keep you logged in, remember your preferences, keep the Service secure, speed up the site, play embedded videos and understand how the Service is used. For more general information about cookies, see allaboutcookies.org.
The cookies we use fall into these groups:
Cookies, together with our server logs, may record information such as your IP address, browser and operating system, the pages you visit, the date, time and length of your visit, and the website that referred you. Because some of this information, such as your IP address, can identify you, we treat it as personal information under this policy.
You can set your browser to refuse all cookies or to tell you when a cookie is being sent. If you block essential cookies, some parts of the Service, such as logging in, may not work.
When you use the Service, our servers and service providers automatically record log data such as your IP address, device and browser information, the pages and features you use, and the date and time of each request. We use this data to run, secure and fix the Service, and to understand how it is used so that we can improve it. Where we use third-party analytics or diagnostic tools to help with this, those providers act as our operators and also have their own privacy policies.
We may update this policy from time to time. We will post the new version on this page with a new effective date and, if the changes are significant, tell you by email or in the app.
If you have any questions about our privacy practices, want to exercise your rights, or have any concerns about how we have handled your personal information, please contact our Information Officer:
If you are not satisfied with our response, you have the right to complain to the Information Regulator (South Africa):