Gutsy
Sign up
WelcomeCommunityMovementNutritionGutsy Programs
Sign in Sign up

Legal

Terms of Service

Last updated October 21, 2026

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. About Gutsy and these Terms

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“)):

  • Full name and legal status: Gutsy (Pty) Ltd, a private company
  • Registration number and place of registration: 2024/683273/07, registered with the Companies and Intellectual Property Commission (CIPC), South Africa
  • Physical address (also our address for receiving legal documents): Block F, Belvedere Office Park, Bella Rosa Street, Bellville, Western Cape, 7530, South Africa
  • Email: [email protected]
  • Website: https://gutsy.global
  • Self-regulatory bodies / codes of conduct: Gutsy is not currently a member of any self-regulatory body and does not subscribe to any industry code of conduct.

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. Your account

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. Subscriptions, payment, cancellation and refunds

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:

  • you may cancel at any time by giving us 20 business days’ notice in writing (for example by email to [email protected] or through your account settings). We will refund the unused, pre-paid portion of your subscription, less a reasonable cancellation charge permitted by the CPA and its regulations, which will be explained to you when you cancel;
  • we will notify you between 40 and 80 business days before your fixed term ends, reminding you that it is ending, of any material changes that will apply if it continues, and of your options; and
  • when the fixed term ends, unless you tell us to cancel or expressly agree to renew for a further fixed term, your subscription will continue on a month-to-month basis at the then-current monthly price, and you may cancel it at any time as set out in clause 3.7.

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. Using the Platform and community conduct

4.1 When using the Platform you must not engage in:

  • (a) Unlawful activity – anything that involves the proceeds of unlawful activity; publishes or distributes unlawful material; or otherwise breaches any law, regulation, code or order binding on you or Gutsy (“Applicable Laws“);
  • (b) Unauthorised use – anything that interferes with or disrupts other members’ use of the Platform; introduces malware, viruses or other harmful code; attempts to gain unauthorised access to other User Accounts or to the systems and networks connected to the Platform; undermines the security or integrity of the systems on which the Platform runs; copies, modifies, reverse engineers or decompiles the Platform or its software (except as allowed by law); uses another person’s User Account; or transfers your User Account to anyone else;
  • (c) Abusive acts – anything that defames, abuses, extorts, harasses, stalks or threatens any person or infringes their rights (including rights of privacy, publicity and intellectual property); incites or promotes hate, racism or violence; or harvests or collects other members’ information (such as addresses, phone numbers, email addresses or card details); or
  • (d) Fraud – any attempt to defraud Gutsy or anyone else, or providing false or misleading information to Gutsy.

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:

  • (i) advertises or promotes any services or brands (yours or anyone else’s) without our permission;
  • (ii) is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or unlawful;
  • (iii) you know is untrue, or that spreads false or misleading statements;
  • (iv) you do not have the right to post, including content that infringes anyone’s Intellectual Property Rights;
  • (v) impersonates any person or misrepresents your connection with any person or organisation;
  • (vi) contains another person’s personal or confidential information without their express consent;
  • (vii) contains or links to viruses or other harmful files;
  • (viii) is spam or unsolicited promotion or solicitation;
  • (ix) may expose Gutsy or other members to harm or liability; or
  • (x) is contrary to any Applicable Laws.

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. Availability and security of the Platform

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. Intellectual property and licence

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. Health and fitness disclaimer

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. Limitation of liability, disclaimers and indemnity

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:

  • (a) neither Gutsy nor its directors, employees, agents, contractors or suppliers (the “Associated Parties”) will be liable for any indirect or consequential loss, or any loss of profit, business opportunity, revenue or goodwill, arising out of or in connection with your use of the Platform or these Terms; and
  • (b) the total liability of Gutsy and the Associated Parties arising out of or in connection with these Terms or the Platform will be limited to the greater of (i) the total fees you paid to Gutsy in the 12 months before the event giving rise to the claim and (ii) R2,000.

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. Changes to the Platform and these Terms

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. Complaints, governing law and disputes

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. General

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.

Forum Community Guidelines Addendum

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

  • Always be polite and respectful towards others
  • Profanity is discouraged and will be moderated
  • No bullying, harassment or malicious comments
  • Don’t post anything illegal, offensive or not safe for work (e.g. inappropriate photos, illegal supplements, etc.)
  • Don’t post pro-anorexia, suicide or self-harm related content
  • Don’t post links to other sites that violate these guidelines
  • Spam, commercial advertising and self-promotion will not be tolerated
  • Use your discretion when posting personal information about yourself – do not post anything you wouldn’t be happy sharing with a wide audience (see “Sharing information in the Gutsy Forum” below)
  • We encourage healthy conversation and constructive debate, but discourage arguments or inflammatory content
  • Gutsy does not endorse anything posted by members and is not responsible for how other people use information you choose to post in the Forum

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.

  • If you choose to share information that can be linked to you, be careful about what you post.
  • We recommend that you do not post sensitive personal information (such as health details) that can be linked back to you or anybody else.
  • Do not share personal information about other people, or content you do not have the right to share.
  • If you use your real name as your username, your posts can be linked back to you personally.
  • If you link a social media profile to your Forum account, people may be able to find that profile and link your Forum posts back to you.

Prenatal and Post-Pregnancy Programme Addendum

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:

  • (a) subject to clause 8.1 of the Terms, you take part at your own risk, including if you modify the workouts or, while pregnant, do any Gutsy programme or workout that Gutsy does not recommend for pregnancy. You understand that post-pregnancy exercise carries health risks (among others) of organ prolapse, back pain, bladder leakage, poor C-section scar healing and slower reduction of diastasis recti (abdominal separation after birth), that these can be affected by the pace, frequency and type of exercise before, during and after pregnancy, and that you should use caution and seek professional health advice if you are at all unsure about your health or fitness, or if health concerns arise;
  • (b) you have obtained, and are relying on, medical clearance from your doctor, obstetrician, midwife or other qualified medical professional to start (and to continue) the Prenatal Workouts or Post-Pregnancy Workouts;
  • (c) the Prenatal Workouts and Post-Pregnancy Workouts are for information only and are not a substitute for medical advice, consultation or treatment from your doctor or healthcare provider. You should not delay seeking medical advice, disregard medical advice or stop medical treatment because of anything in them;
  • (d) Gutsy cannot assess your individual suitability for the Prenatal Workouts or Post-Pregnancy Workouts and does not promise that any programme is suitable, safe or adequate for you. To the extent allowed by law, and subject to clause 8.1 of the Terms, you indemnify Gutsy and the Associated Parties against claims, losses, costs or expenses (including reasonable legal costs) arising from your breach of this Addendum or from information you gave us being untrue, except to the extent caused by the negligence, gross negligence or wilful misconduct of Gutsy or its Associated Parties;
  • (e) any information you give Gutsy about the Prenatal Workouts or Post-Pregnancy Workouts, including that you have received medical clearance, is true, and Gutsy relies on it in making these workouts available to you; and
  • (f) you are responsible for your own safety. You will not exceed the exercise recommended by your doctor or healthcare provider, and you will stop exercising immediately and seek medical advice if, during or after exercise, you experience faintness, dizziness, pain or discomfort (including lower back or abdominal pain), bleeding, shortness of breath, feel generally unwell, or have any other symptoms (including any symptoms your doctor or other medical professional warned you about).

Thank you for being part of the Gutsy community.

Gutsy (Pty) Ltd