GymPals User-Generated Content (UGC) Terms of Service
1. Scope of Application
These User-Generated Content Terms of Service (hereinafter referred to as “these Terms”) apply to the use and/or distribution of user-generated content by GymPals Communications, Inc. (hereinafter referred to as “we” or “us”), including but not limited to various websites, social platforms, TV broadcasts, mobile applications, and other promotional activities (collectively referred to as “Promotional Channels”). When we use and/or distribute your content (including but not limited to images, text, designs, illustrations, music, lyrics, photos, videos, and other content subject to relevant intellectual property rights, hereinafter referred to as “User Content”) through our own Promotional Channels or those of our licensees and/or brand partners, you confirm that you have read, understood, and agreed to all provisions of these Terms, and your relevant actions shall be bound by these Terms. Agreement to these Terms constitutes your authorization to us to use your User Content in accordance with the provisions herein. If you sign this Agreement on behalf of an organization, you warrant that you have obtained sufficient authorization to do so.
2. Right to Modify Terms
We reserve the right to modify these Terms at any time. Revised Terms shall take effect upon publication of the revised version through in-App pop-ups, emails, or official website announcements, without prior individual notice. However, modifications shall not have retroactive effect, and user activities conducted before the modification shall still be governed by the original Terms. Please review these Terms regularly to stay informed of updates. Your continued use of the relevant services after the modification shall constitute acceptance of the revised Terms.
3. Processing of Personal Information
You agree and confirm that we or our sublicensees and/or brand partners will process any personal data related to your User Content in accordance with our Privacy Policy (which is publicly accessible within the App and on the App Store product page). We strictly comply with Apple App Store Review Guidelines regarding user privacy protection and will not illegally collect, use, or disclose user personal information.
- We only collect personal information necessary for the operation of the Service. The phone number you provide is used solely to grant you access to the Service and to facilitate your use of the Service with designated third parties. You must obtain explicit consent from such third parties before providing their phone numbers to us.
- You have the right to delete your User Content and associated personal information at any time through self-service functions within the App. Upon deletion of your User Content, the relevant license granted to Licensed Users shall automatically terminate. If you cancel your account, we will delete or anonymize your personal information i n accordance with our Privacy Policy, except as otherwise required by law.
4. License for User Content
4.1 You shall retain full ownership of your User Content at all times. You hereby grant us and our executives, employees, affiliates, related companies, agents, licensees, sublicensees, brand partners, production partners, social media platforms, contractors, successors, legal representatives, transferees, third-party service providers, and their respective brand partners, marketing or public relations agencies, and other affiliated parties (collectively referred to as “Licensed Users”) a worldwide, non-exclusive, transferable, and sublicensable right and license, which is valid during the term of the Service and for one (1) year after the termination of the Service (solely for the purpose of settling existing promotional activities). This license is royalty-free and fully paid-up.
4.2 Licensed Users may, at their sole discretion, use, publish, broadcast, transmit, distribute, and redistribute (i) your User Content; and (ii) your username, name, voice, image, portrait, or other identifiable information (hereinafter referred to as “Name and/or Portrait”) appearing in your User Content in any manner. Usage scenarios are limited to business activities related to the Service, including but not limited to web pages and social media pages operated by Licensed Users, promotional emails and advertisements, all other marketing and promotional activities, and any media formats now known or developed in the future. Licensed Users shall not transfer the license to third parties unrelated to the Service.
4.3 Licensed Users may, at their sole discretion, use, display, copy, distribute, and transmit your User Content in any manner, create derivative works based on your User Content, combine your User Content with other materials, and modify and/or edit your User Content. However, such modifications shall not alter the core meaning of your User Content, and shall not be used for illegal or offensive purposes. Licensed Users shall not be liable to you in any way except for liability arising from intentional or gross negligence. Licensed Users are not required to obtain your prior approval to use your User Content or related Name and/or Portrait.
4.4 Notwithstanding the foregoing provisions, Licensed Users are under no obligation to exercise any of the rights granted by you and may at any time choose to use, suspend use, reuse, or not use your User Content or Name and/or Portrait. The use of your User Content or Name and/or Portrait by Licensed Users does not constitute an endorsement of you or an implication of any association with you. You hereby waive any right to inspect or approve the use of your User Content or Name and/or Portrait by Licensed Users pursuant to this license, provided that such use complies with the provisions of these Terms.
5. User Representations and Warranties
You represent and warrant that:
5.1 You are not a minor; if your User Content involves minors, you are the parent or legal guardian of such minors and have obtained the necessary consent for the use of the minors’ images, names, and other identifiable information.
5.2 You have full rights, power, and authority to grant the rights described in these Terms.
5.3 You own all rights to your User Content and Name and/or Portrait, and/or have obtained the necessary rights and permissions from any and all individuals and/or entities that own, manage, or claim any rights related to such User Content and Name and/or Portrait. Therefore, you possess all necessary licenses, rights, consents, and authorizations to publish the User Content and Name and/or Portrait and to grant the rights described in these Terms, including the rights of all individuals appearing and/or acting in the User Content.
5.4 The use of the User Content and Name and/or Portrait described in these Terms by Licensed Users will not infringe upon the rights of any third party or violate any laws, regulations, or rules, including but not limited to those governing consumer protection, copyright, trademark, patent, trade secret, privacy, publicity, ethics, ownership, and other related rights and laws.
5.5 The User Content and Name and/or Portrait do not contain confidential information, defamatory, libelous, obscene, pornographic, abusive, vulgar, threatening, harassing, hateful, racially or ethnically offensive, violent, extremist, child sexual exploitation-related content, or other illegal or inappropriate content.
5.6 You hereby fully indemnify and hold harmless Licensed Users from any liability arising from the use of your User Content and Name and/or Portrait in accordance with these Terms, and warrant that Licensed Users and any individuals or entities acting on their behalf will not suffer any damages thereby. However, this indemnification does not apply to damages caused by the intentional or gross negligence of Licensed Users.
5.7 If necessary, you will sign any required documents in the required manner to protect, perfect, or enforce any rights granted to us by you pursuant to these Terms.
6. Service Usage Rules
6.1 You shall not submit the following content:
(1) Material protected by copyright, trade secret, or other third-party proprietary rights (including privacy and publicity rights), unless you are the owner of such rights or have obtained prior permission from the rightful owner to post the material and grant us all the license rights described in these Terms.
(2) False information or misleading statements that may harm us or any third party.
(3) Content that is illegal, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, violent, extremist, related to child sexual exploitation, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
(4) Commercial advertisements or solicitations.
(5) Content that impersonates another person.
(6) Material containing computer viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs.
(7) Content that interferes with or disrupts the integrity or performance of the Service or the data contained therein.
(8) Content that attempts to gain unauthorized access to the Service or its related systems or networks.
6.2 If the App is rated 17+, adult content must be clearly marked with a prominent, unobstructed label and only be accessible to users aged 17 and above. If the App is rated under 17, adult content is strictly prohibited.
6.3 We prohibit copyright infringement and intellectual property infringement through the Service. If we receive proper notice indicating that any content or User Content infringes upon the intellectual property rights of others, we will remove such content promptly. We reserve the right to remove content and User Content without prior notice if it violates these Terms or applicable laws.
6.4 We may terminate a user’s access to the Service only if they are determined to be a repeat infringer or have engaged in serious violations (such as publishing illegal content, repeated harassment of others). A repeat infringer is a user who has been notified of infringing activity more than once and/or has had their User Content removed from the platform more than twice. Before terminating access, we will provide the user with a written warning (via in-App message or email) unless the violation is particularly serious (such as publishing child sexual exploitation content).
6.5 For violations other than copyright infringement and intellectual property infringement (such as excessively long content or limited relevance), we reserve the right to determine whether the relevant content or User Content is appropriate and compliant with these Terms, and may, at our sole discretion, remove such User Content and/or issue a warning to the user. Termination of access shall only be used as a last resort.
7. Third-Party Links and Limitation of Liability
7.1 Our Service may contain links to third-party websites that are not owned or controlled by us. We provide such links solely for user convenience and do not endorse the content, products, or services of third-party websites. We have no control over and assume no responsibility for the content, privacy policies, or business practices of third-party websites, and cannot censor or edit the content of third-party websites.
7.2 You acknowledge and agree that accessing third-party websites is at your own risk. Any damages, claims, or other liabilities arising from your use of third-party websites are unrelated to us, and you shall comply with the privacy policies and terms of service of such third-party websites.
8. Service Access Rights
8.1 Subject to your compliance with these Terms, we grant you a license to use the Service, provided that:
(1) You use the Service solely for personal, non-commercial purposes.
(2) You do not copy, transfer, provide access to, reproduce, or distribute any part of the Service in any medium without our prior written authorization.
(3) You do not attempt to reverse engineer, alter, or modify any part of the Service.
(4) You comply with other terms and conditions of these Terms.
8.2 To access and use the features of the Service, you confirm and agree to provide us with your phone number and the phone numbers of third parties with whom you wish to use the Service together, and the information provided must be accurate and complete. You explicitly consent to our use of the phone numbers you provide to grant you access to the Service. You shall not use another person’s phone number without their permission. You are fully responsible for the status information associated with your phone number. If a security breach occurs or your phone number is used without authorization, you shall immediately notify us. Although we are not liable for losses caused by the unauthorized use of your account due to your own negligence, you may be liable for losses incurred by us or others as a result. If we are found to have intentional or gross negligence in the security of your account, we shall bear corresponding liability.
9. Intellectual Property Rights
9.1 The design of our Service, as well as all text, scripts, graphics (including stickers), interactive features, and the like related to the Service (collectively referred to as “Our Client and Content”), excluding User Content, and the trademarks, service marks, and logos contained therein (collectively referred to as “Marks”), are protected by copyright and other intellectual property rights under the laws of the British Virgin Islands, foreign laws, and international conventions, and are owned by us or licensed to us.
9.2 Subject to these Terms, you are granted a personal, non-exclusive, non-transferable, revocable, limited license to install and use Our Client and Content solely for personal, non-commercial purposes in connection with the Service.
9.3 We reserve all rights not explicitly granted herein with respect to the Service and Our Client and Content. You shall not use, copy, distribute, or exploit Our Client and Content beyond the scope explicitly permitted by these Terms, including not using User Content of third parties obtained through the Service for any commercial purposes. You agree not to use Our Client and Content in a manner that infringes or violates the rights of any third party, and we shall not be liable for any such use by you, except for liability arising from our intentional or gross negligence.
10. Disclaimer of Warranties
10.1 You acknowledge that the use of our Service is at your sole risk. To the fullest extent permitted by law, we and our officers, directors, employees, and agents disclaim all express or implied warranties related to the Service and your use thereof. However, this disclaimer does not apply to warranties mandated by law or warranties arising from our intentional or gross negligence.
10.2 We make no warranties or representations regarding the accuracy or completeness of the content of the Service, and assume no liability or responsibility for the following, except for liability arising from our intentional or gross negligence:
(1) Errors, mistakes, or inaccuracies in the content.
(2) Personal injury or property damage of any nature arising from your access to and use of the Service due to factors beyond our reasonable control.
(3) Unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein due to third-party attacks or your own negligence.
(4) Interruption or cessation of transmission to or from the Service due to force majeure, technical failures of internet service providers, or other factors beyond our reasonable control.
(5) Any viruses, worms, Trojan horses, or other harmful programs transmitted through the Service by third parties.
(6) Any errors or omissions in the content, or any loss or damage of any kind incurred as a result of using any content posted, emailed, transmitted, or otherwise made available through our Service.
10.3 We do not warrant, endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the Service, any hyperlinked websites, or featured in any User Content or other advertisements, and will not be a party to or in any way monitor any transactions between you and third-party product or service providers. When purchasing any product or service, you should exercise your best judgment and caution as appropriate. This Service is for entertainment purposes only.
11. Limitation of Liability
In no event shall we, our officers, directors, employees, or agents be liable to you for any indirect, incidental, special, punitive, or consequential damages arising from any of the following. However, this limitation of liability does not apply to direct damages caused by our intentional or gross negligence, or damages mandated by law to be compensated:
(1) Errors, mistakes, or inaccuracies in the content.
(2) Personal injury or property damage of any nature arising from your access to and use of the Service.
(3) Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
(4) Interruption or cessation of transmission to or from our servers.
(5) Any viruses, worms, Trojan horses, or other harmful programs transmitted through the Service by third parties.
(6) Any errors or omissions in the content, or any loss or damage of any kind incurred as a result of using any content posted, emailed, transmitted, or otherwise made available through our Client and Content.
The foregoing limitation of liability shall apply regardless of the legal theory (whether based on warranty, contract, tort, or otherwise) and even if we have been advised of the possibility of such damages, and shall be effective to the fullest extent permitted by law in the applicable jurisdiction. You explicitly acknowledge that we shall not be liable for User Content or the defamatory, offensive, or illegal conduct of any third party, and the risk of harm or damage therefrom shall be borne solely by you. However, this does not deprive you of the right to claim compensation from us for losses caused by our violation of these Terms or applicable laws. You agree not to use this product while operating a motor vehicle, for time-sensitive or emergency services or events, or in any operation where injury, death, or economic damage could occur.
12. Governing Law and Jurisdiction
12.1 These Terms shall be governed by the internal substantive laws of Hong Kong, excluding its conflict of laws principles. However, if you are a user in the European Union, the General Data Protection Regulation (GDPR) and other applicable local laws shall apply to the processing of your personal information.
12.2 Any claims or disputes arising in whole or in part from the Service between you and us shall be exclusively resolved by a court of competent jurisdiction located in Hong Kong. However, you retain the right to initiate legal proceedings in the jurisdiction where you reside in accordance with applicable laws for disputes involving personal rights violations.
12.3 Our Privacy Policy and other legal notices published by us constitute the entire agreement between you and us regarding the Service.
12.4 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
12.5 No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
13. Indemnification
You agree to defend, indemnify, and hold harmless us, our parent company, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from:
(1) Your use of and access to the Service in violation of these Terms or applicable laws.
(2) Your violation of any provision of these Terms.
(3) Your infringement of any third party’s rights (including but not limited to copyright, property rights, or privacy rights).
(4) Any claim that your User Content has caused damage to a third party due to your breach of representations and warranties.
This indemnification obligation shall survive the termination of these Terms and your cessation of use of the Service. We do not support or encourage the illegal consumption of alcohol or tobacco.
14. Assignment
These Terms and any rights and licenses granted herein may not be transferred or assigned by you, but may be transferred or assigned by us without restriction, provided that the assignee agrees to be bound by all provisions of these Terms.
15. Statute of Limitations
You and we agree that any cause of action arising out of or related to the Service must be commenced within one (1) year after the cause of action accrues, unless otherwise specified by applicable laws which require a longer statute of limitations. In such cases, the longer statutory period shall apply. Otherwise, such cause of action shall be permanently barred.
16. Copyright Complaints
16.1 We respect the intellectual property rights of others and require our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please submit an infringement complaint to us in accordance with the procedures set forth below.
16.2 We will process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws with respect to any alleged or actual infringement.
16.3 To be effective, the notification must be in writing and include the following information:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right.
(2) A description of the copyrighted work or other intellectual property that you claim has been infringed.
(3) A description of the location of the material you claim is infringing on our Service, with sufficient detail to enable us to locate it.
(4) Your address, telephone number, and email address.
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
16.4 If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have obtained authorization from the copyright owner, its agent, or pursuant to the law to upload and use the content, you may send a written counter-notice to the Copyright Agent containing the following information:
(1) Your physical or electronic signature.
(2) Identification of the content that has been removed or to which access has been disabled, and the location where the content appeared before it was removed or disabled.
(3) A statement by you that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content.
(4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the competent court located in Hong Kong, and a statement that you will accept service of process from the person who provided the notification of alleged infringement.
16.5 Upon receipt of a counter-notice by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party, informing them that they may replace the removed content or cease disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced or access to it restored within 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
17. Service Interruption Notification
If the Service is expected to be interrupted for more than 24 hours due to system maintenance, technical upgrades, or other reasons, we will notify you in advance through in-App messages, text messages, or emails, specifying the duration and reason for the interruption. In the event of an unexpected service interruption, we will restore the Service as soon as possible and provide a corresponding explanation.
Last updated: February 2026