Terms of Service

By accessing or using GymCreatives (the “Platform”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Platform. These Terms constitute a legally binding agreement between you and Media Launch, LLC, a California limited liability company operating GymCreatives (“Company,” “we,” “us,” or “our”). Use of the Platform by any individual or entity on behalf of a business constitutes acceptance of these Terms by that business as well.

GymCreatives is an AI-powered content creation SaaS platform designed for gym owners, fitness coaches, and fitness content creators. The Platform provides access to AI agents that generate content including social media graphics, testimonial visuals, YouTube thumbnails, motivational quote cards, seasonal cards, carousel posts, and SEO recommendations (collectively, the “Services”). The Platform integrates with third-party AI models including OpenAI (GPT Image), xAI (Grok), and Google (Gemini) to deliver generated content.

To access the Services, you must create an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Promptly notifying us of any unauthorized access at gymcreatives@gmail.com

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4.1 Plans

GymCreatives offers the following subscription plans:

• Limited — $99/month or $1,089/year: Includes access to all agents and AI models, with a standard generation allocation.
• Unlimited — $149/month or $1,639/year: Includes access to all agents and AI models, with an expanded generation allocation.
• SM Creator/Manager — $699/month or $7,689/year: Includes all platform features plus done-for-you social media management services handled by the GymCreatives team.

Early Access pricing may be available for a limited time during promotional periods. All plans provide access to all available AI models — no model is gated by tier.

4.2 Billing

Subscriptions are billed on a recurring basis via Stripe. By providing a payment method, you authorize us to charge your payment method for all fees associated with your selected plan. Annual plans are billed as a single upfront charge. Monthly plans renew automatically on the same calendar date each month.

4.3 Generation Limits

Each plan includes a monthly generation allocation managed via a back-end credit system. Credits are not displayed to users. If you reach your generation limit, you will be prompted to upgrade your plan. Credits do not roll over between billing periods.

4.4 Price Changes

We reserve the right to modify subscription pricing. We will provide at least 30 days’ notice before any price change takes effect for existing subscribers. Continued use of the Platform after a price change constitutes acceptance of the new pricing.

New users receive 5 complimentary AI generations upon account creation, with access to all available AI models. No payment method is required to redeem the free trial. Free trial generations do not carry over upon subscribing to a paid plan.

You may cancel your subscription at any time through your account settings or by contacting us at gymcreatives@gmail.com. Cancellation takes effect at the end of the current billing period; you will retain access to the Platform through that date.

Monthly subscriptions are non-refundable once a billing cycle has commenced. Annual subscriptions are non-refundable after 7 days from the initial purchase date. We reserve the right to issue refunds at our sole discretion in exceptional circumstances. If you believe you are entitled to a refund under applicable law (including California consumer protection statutes), contact us at gymcreatives@gmail.com.

7.1 Content You Provide

You may upload images, logos, brand assets, testimonials, and other content to the Platform (“User Content”). You retain all ownership rights in your User Content. By uploading User Content, you grant Media Launch, LLC a non-exclusive, royalty-free, worldwide license to use, store, process, and display your User Content solely to provide the Services to you.

7.2 AI-Generated Content

Content generated by the Platform using AI models (“Generated Content”) is produced by automated systems. Subject to your compliance with these Terms and applicable law, you own the rights to Generated Content produced from your inputs. However, we make no representation that Generated Content is original, unique, or free from third-party intellectual property claims. You are solely responsible for reviewing Generated Content before publication and ensuring it does not infringe any third-party rights.

7.3 Feedback and Improvement

We may use anonymized, aggregated usage data to improve the Platform. We will not use your specific gym branding, logos, or identifiable business information to train AI models without your explicit consent.

You agree not to use the Platform to:

• Generate content that is illegal, defamatory, harassing, threatening, or obscene
• Infringe any third-party intellectual property, privacy, or publicity rights
• Impersonate any person, business, or brand you do not represent
• Circumvent any usage limits, access controls, or security measures
• Reverse engineer, decompile, or attempt to extract the source code of the Platform
• Use the Platform to train competing AI systems or develop competing products
• Engage in any activity that disrupts or interferes with the Platform’s servers or infrastructure

We reserve the right to terminate accounts and remove content that violates this policy without prior notice.

The Platform integrates with third-party AI model providers including OpenAI (GPT Image), xAI (Grok), and Google (Gemini). When you submit prompts and content to generate outputs, that data is processed by these third-party providers subject to their respective terms of service and privacy policies. By using the Platform, you consent to your inputs being transmitted to these providers for processing. We do not control third-party AI outputs and are not responsible for the accuracy, content, or legality of AI-generated materials.

Links to relevant third-party policies: OpenAI (openai.com/policies), xAI (x.ai/legal), Google (policies.google.com).

The GymCreatives platform, including its name, branding, software, agent architecture, user interface, and all proprietary content, is owned by Media Launch, LLC and protected by applicable intellectual property laws. These Terms do not transfer any intellectual property rights to you, except the limited license to use the Platform as described herein.

“GymCreatives” and the GymCreatives logo are trademarks of Media Launch, LLC. You may not use our trademarks without prior written permission.

We respect intellectual property rights and expect users to do the same. If you believe that content on the Platform infringes your copyright, please submit a DMCA notice to gymcreatives@gmail.com with: (1) identification of the copyrighted work; (2) identification of the allegedly infringing content; (3) your contact information; (4) a statement of good faith belief; and (5) a statement of accuracy under penalty of perjury.

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIA LAUNCH, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

You agree to indemnify, defend, and hold harmless Media Launch, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

We reserve the right to suspend or terminate your account and access to the Platform at our sole discretion, with or without notice, for violation of these Terms or for any other reason. Upon termination, your right to use the Platform immediately ceases. Sections 7 through 18 of these Terms survive termination.

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved by binding arbitration administered by JAMS in Alameda County, California, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on the Platform. Your continued use of the Platform after the effective date of updated Terms constitutes acceptance. If you do not agree to updated Terms, you must cancel your subscription and stop using the Platform.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Media Launch, LLC regarding the Platform. If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision does not waive our right to enforce it in the future. You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.

Questions about these Terms? Contact us:

• Email: gymcreatives@gmail.com
• Website: gymcreatives.com
• Mailing address: Media Launch, LLC, Livermore, California