Terms of Service

1. Eligibility

By using GYMRAT, you represent and warrant that:

• You are at least 18 years of age and have reached the age of adulthood under your national laws;
• All registration information you submit is truthful and accurate;
• You will maintain the accuracy of such information;
• Your use of the services provided by GYMRAT does not violate any applicable law or regulation.

Your profile may be deleted and your membership may be terminated without warning if GYMRAT believes that you are under 18 years of age or fail to reach the age of adulthood under your national laws.

In providing our services, GYMRAT collects, stores and uses information related to you, including: information made available when you create an account (such as your email address, date of birth, and optionally your phone number); profile information; content you share; purchase data; and location data when you use location-enabled features.

2. Privacy of Personal Information

Your use of GYMRAT is also governed by our Privacy Policy, which is incorporated into this agreement by reference. Please review our Privacy Policy to understand how we collect, use, and share your information.

GYMRAT and its affiliate companies may share your personal information within its group of companies and with third-party service providers, contractors and agents for the purposes of: (i) providing our services to you; (ii) improving our services; (iii) enforcing our rights under this agreement; and/or (iv) our business operations.

You agree that GYMRAT may disclose your personal information: (i) to comply with applicable laws or regulations; (ii) to comply with a court order, subpoena or other legal process; (iii) in response to a request by a government authority or law enforcement agency; or (iv) where GYMRAT believes it is reasonably necessary to protect the safety of any person or to enforce this agreement.

3. Password

When you sign up to become a member, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party.

You agree to notify GYMRAT immediately at cs@gymrat.global if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Non-commercial Use by Members

The services provided by GYMRAT are for the personal use of members only, and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by GYMRAT.

Illegal and/or unauthorized use of the services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the GYMRAT website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges.

5. Proprietary Rights in Content

By displaying or publishing (posting) any content on or through GYMRAT, you hereby grant to GYMRAT a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the services provided by GYMRAT.

You represent and warrant that: (i) you own the content posted by you on or through GYMRAT or otherwise have the right to grant the license set forth in this section, and (ii) the posting of content by you does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

The services provided by GYMRAT contain content generated by GYMRAT which is protected by copyright, trademark, patent, trade secret and other laws, and GYMRAT owns and retains all rights in this content. GYMRAT hereby grants you a limited, revocable, non-sublicensable license to view GYMRAT content solely for your personal use in connection with the service.

6. Content Posted

GYMRAT may delete any content that in the sole judgment of GYMRAT violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. GYMRAT assumes no responsibility for monitoring the services for inappropriate content or conduct.

If at any time GYMRAT chooses, in its sole discretion, to monitor the services, GYMRAT nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

You are solely responsible for the content that you post on or through GYMRAT, and any material or information that you transmit to other members and for your interactions with other members. GYMRAT does not endorse and has no control over the content. Content is not necessarily reviewed by GYMRAT prior to posting and does not necessarily reflect the opinions or policies of GYMRAT.

7. Prohibited Content

GYMRAT has zero tolerance for objectionable content or abusive users.

The following is a partial list of the kind of content that is illegal or prohibited to post on or through GYMRAT. GYMRAT reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending content and terminating the membership of such violators.

Prohibited content includes, but is not limited to content that:

• Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Harasses or advocates harassment of another person;
• Exploits people in a sexual or violent manner;
• Contains nudity, violence, or offensive subject matter;
• Solicits personal information from anyone under 18;
• Provides any telephone numbers, street addresses, last names, URLs or email addresses of others without their consent;
• Promotes information that you know is false or misleading or promotes illegal activities;
• Promotes an illegal or unauthorized copy of another person's copyrighted work;
• Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
• Contains restricted or password only access pages or hidden pages or images;
• Promotes any criminal activity or provides instructional information about illegal activities;
• Solicits passwords or personal identifying information for commercial or unlawful purposes;
• Involves commercial activities without our prior written consent;
• Includes a photograph of another person that you have posted without that person's consent;
• Uses sexually suggestive imagery or any other misleading or deceptive content.

8. Prohibited Activities

The following is a partial list of activities that are illegal or prohibited on GYMRAT. GYMRAT reserves the right to investigate and take appropriate legal action, including reporting to law enforcement authorities.

Prohibited activities include, but are not limited to:

• Criminal or tortuous activity, including fraud, harassment, stalking, or spamming;
• Advertising to, or solicitation of, any member to buy or sell any products or services without explicit consent;
• Any automated use of the system, such as using scripts to add friends or send messages;
• Interfering with, disrupting, or creating an undue burden on the services or the networks connected to the services;
• Attempting to impersonate another member or person;
• Using the account, username, or password of another member at any time;
• Selling or otherwise transferring your profile;
• Using any information obtained from GYMRAT in order to harass, abuse, or harm another person;
• Accepting payment or anything of value from a third person in exchange for performing any commercial activity on GYMRAT;
• Using the services in a manner inconsistent with any applicable laws and regulations.

9. Content Moderation and User Safety

GYMRAT is committed to maintaining a safe and respectful community for all members.

We have implemented the following measures to ensure user safety:

• Zero Tolerance Policy: We have zero tolerance for objectionable content or abusive users. Violations will result in immediate action.
• Content Filtering: We employ content filtering systems to help detect and prevent inappropriate content from being posted.
• Report/Flag Mechanism: Users can flag or report objectionable content directly within the app. Reports are reviewed promptly.
• User Blocking: Users can block abusive users. When you block someone, their content is immediately removed from your feed, and GYMRAT is notified of the block.
• 24-Hour Response: GYMRAT commits to acting on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content.

If you encounter any content or behavior that violates these terms, please report it immediately using the in-app reporting feature or by contacting us at cs@gymrat.global.

10. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner. GYMRAT will terminate the membership privileges of repeat infringers.

If you believe that your work has been copied and posted on GYMRAT in a way that constitutes copyright infringement, please contact us at cs@gymrat.global with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material is located on GYMRAT;
• Your address, telephone number, and email address;
• A statement that you have a good faith belief that the disputed use is not authorized;
• A statement, under penalty of perjury, that the information in your notice is accurate.

11. Member Disputes

You are solely responsible for your interactions with other members of GYMRAT. GYMRAT reserves the right, but has no obligation, to monitor disputes between you and other members.

12. Paid Features and Subscriptions

GYMRAT offers auto-renewing subscriptions ("GYMRAT Pro") that provide access to premium features. By purchasing a subscription:

• Payment will be charged to your App Store or Google Play account at the confirmation of purchase;
• The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period;
• Your account will be charged for renewal within 24 hours prior to the end of the current period;
• You can manage and cancel your subscriptions by going to your account settings on the App Store (iOS) or Google Play Store (Android) after purchase;
• Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription;
• Once payment is made, you will be deemed to have confirmed the purchase, and unless otherwise provided by law, you may not request modifications or refunds;
• Subscriptions cannot be transferred, rented, lent, or licensed to any third party;
• Deleting your account or uninstalling the GYMRAT application from your device does not cancel your subscription.

You may be responsible for any taxes and other fees incurred as a result of your purchase. GYMRAT will levy such charges in accordance with applicable legal and regulatory requirements.

13. Disclaimers

GYMRAT is not responsible for any incorrect or inaccurate content posted on the website or app, whether caused by members or by any equipment or programming associated with the services. GYMRAT is not responsible for the conduct, whether online or offline, of any user.

The services provided by GYMRAT are provided "AS-IS" and as available, and GYMRAT expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GYMRAT cannot guarantee and does not promise any specific results from use of the services.

Health Disclaimer: The fitness information provided through GYMRAT is for general informational purposes only and is not intended as a substitute for professional medical advice. Always consult your physician or qualified health provider before starting any new fitness program or if you have any questions about a medical condition.

14. Limitation on Liability

To the maximum extent permitted by applicable law, in no event shall GYMRAT be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if GYMRAT has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, notwithstanding anything to the contrary contained herein, GYMRAT's liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to GYMRAT for the services during the term of membership.

Some jurisdictions do not allow certain limitations of liability. Nothing in this agreement excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.

15. Disputes

If there is any dispute about or involving the services provided by GYMRAT, you agree that the dispute shall be governed by the laws of Hong Kong, without regard to conflict of law provisions.

Either GYMRAT or you may demand that any dispute between GYMRAT and you must be settled by arbitration utilizing the dispute resolution procedures of Hong Kong, provided that the foregoing shall not prevent GYMRAT from seeking injunctive relief in a court of competent jurisdiction. The award of arbitration shall be final and binding on GYMRAT and you.

16. Indemnity

You agree to indemnify and hold GYMRAT, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the services in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post causes GYMRAT to be liable to another.

17. General

This Agreement is accepted upon your use of the GYMRAT website, app, or any of the services and is further affirmed by you becoming a member. This agreement constitutes the entire agreement between you and GYMRAT regarding the use of the services.

The services are provided by GYMRAT. For iOS users, the Apple iOS EULA Addendum below includes the required developer contact details.

The failure of GYMRAT to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.

GYMRAT may modify this agreement from time to time and such modification shall be effective upon being posted on GYMRAT's website. You agree to be bound to any changes to this agreement when you use the services after any such modification is posted.

Please contact us with any questions regarding this agreement at: cs@gymrat.global or by phone at +852 6970 7357.

18. Apple iOS End-User License Agreement (EULA) Addendum

This section applies only if you downloaded the GYMRAT application (the "Licensed Application") from Apple's App Store. If there is a conflict between this section and any other portion of these Terms, this section controls solely with respect to your use of the Licensed Application on iOS.

18.1 Acknowledgement

You and GYMRAT acknowledge that this EULA is concluded between you and GYMRAT only, and not with Apple. GYMRAT, not Apple, is solely responsible for the Licensed Application and its content. This EULA may not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions (you acknowledge you have had the opportunity to review them).

18.2 Scope of License

The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

18.3 Maintenance and Support

GYMRAT is solely responsible for providing any maintenance and support services with respect to the Licensed Application as specified in this EULA or as required under applicable law. You and GYMRAT acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

18.4 Warranty

GYMRAT is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be GYMRAT's sole responsibility.

18.5 Product Claims

You and GYMRAT acknowledge that GYMRAT, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application's use of HealthKit and HomeKit frameworks (if applicable). This EULA may not limit GYMRAT's liability to you beyond what is permitted by applicable law.

18.6 Intellectual Property Rights

You and GYMRAT acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, GYMRAT, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

18.7 Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

18.8 Developer Name and Address

The Licensed Application is provided by Po Yin Tsang, located at 9/F, Amtel Building, 148 Des Voeux Road, Central, Hong Kong. Questions, complaints or claims with respect to the Licensed Application should be directed to: cs@gymrat.global and +852 6970 7357.

18.9 Third Party Terms of Agreement

You must comply with applicable third party terms of agreement when using the Licensed Application (for example, your wireless data service agreement and any applicable Apple Media Services Terms and Conditions).

18.10 Third Party Beneficiary

You and GYMRAT acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.