Terms of Service

1. Acceptance & Eligibility

Agreement to Terms

By accessing, using, or registering with Gym Art (including Gym Art Meets, Judge's Companion, and gymart.org), you agree to be bound by these Terms of Service. If you do not agree to all terms contained herein, do not use our services.

Age & Eligibility Requirements

Gym Art services are intended for users aged 13 and older. Usage is subject to a tiered consent framework based on user age:

Parental Consent for Minors

For users under the age of majority in their jurisdiction (typically 18 years old), a parent or legal guardian must:

• Review and explicitly consent to these Terms of Service
• Authorize participation in any media recording or streaming activities
• Acknowledge the data processing practices outlined in our Privacy Policy
• Agree to Gym Art's child safety and content protection measures

Eligibility by Jurisdiction

If you are subject to laws of jurisdictions other than Canada, you are responsible for ensuring compliance with local regulations governing data protection, privacy, and online services. Gym Art complies with:

• Quebec Law 25 (Loi 25) – primary jurisdiction
• PIPEDA (Personal Information Protection and Electronic Documents Act) – federal Canada
• PIPA (Alberta)
• PIPA (British Columbia)
• COPPA (U.S., effective April 22, 2026) – for U.S.-based users under 13
• GDPR (EU) – for EU residents

By using Gym Art, you represent that you meet the eligibility requirements of your jurisdiction and that any parental consent provided is genuine and authorized.

2. Definitions

For purposes of these Terms of Service, the following terms have the meanings set forth below:

3. User Accounts

Account Registration

To access certain Gym Art services, you must create an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• Notifying us immediately of unauthorized access to your account
• All activities conducted under your account
• Ensuring any information provided is truthful and lawful

Account Suspension & Termination

Gym Art reserves the right to suspend or terminate your account if we reasonably believe you have:

• Violated these Terms of Service
• Engaged in prohibited conduct (see Section 5)
• Provided false or misleading information
• Violated applicable laws or regulations
• Violated another user's rights or Gym Art's intellectual property

Account suspension or termination will be communicated via email to the address associated with your account, except in cases of urgent safety concerns.

Account Information Correction

You may request corrections to your account information at any time by contacting info@gymart.org. You have the right to request deletion of your personal information subject to our data retention obligations (see Section 8).

4. Media Consent & Child Protection

Media Recording & Streaming

Gym Art Meets events may involve video or audio recording, livestreaming, or photography. Explicit consent is required before any minor's image, voice, or likeness is recorded or streamed.

Parents or guardians of users under 18 must:

• Provide separate, affirmative consent for media recording (distinct from account creation consent)
• Review and understand how recorded content will be used and stored
• Acknowledge the potential for recorded content to be shared, archived, or made publicly available
• Understand that once content is shared, removal may not be possible

Right to Withdraw Consent

Parental consent for media recording may be withdrawn at any time by contacting privacy@gymart.org. Upon withdrawal:

• New recordings will not be made
• Previously recorded content will be deleted within 48 hours of receiving and validating the request, consistent with the Video Recording Agreement
• Upon receiving a valid removal request, Gym Art will delete the content from all systems within 48 hours. In exceptional cases where content has been cached by third-party systems outside Gym Art's control, Gym Art will take all commercially reasonable steps to effect removal and will notify the requester of the status within 5 business days.

Child Safety Measures

Gym Art is committed to protecting the safety and privacy of minor users. We:

• Do not collect personal information from children under 13 except as necessary for account registration and parental verification
• Do not use personal information of children under 13 for targeted marketing or behavioral advertising
• Do not share personal information of children with third parties except as required by law or for event operations
• Maintain appropriate technical and organizational security measures
• Allow parents to review and request deletion of children's data (see Data Retention, Section 8)
• Provide resources for reporting child safety concerns

COPPA Compliance (2025 Amendments)

Gym Art complies with the COPPA 2025 Final Rule Amendments (effective April 22, 2026), which strengthen protections for children under 13, including:

• Prohibition on Behavioral Advertising: We do not engage in targeted advertising or behavioral targeting of children under 13
• Data Minimization: We collect only personal information necessary for the requested service
• Parental Access & Control: Parents have the right to access, review, and request deletion of children's data
• Limitation on Data Retention: Personal information is retained only as long as necessary
• Opt-In for Sensitive Data: We require opt-in consent (not opt-out) for collection of sensitive personal information such as precise geolocation, health data, or biometric data

Quebec Law 25 (Loi 25) Compliance

For users in Quebec, Gym Art complies with Loi 25 (Law 25), which grants individuals enhanced data protection rights, including:

• Right to know what personal information is collected and how it is used
• Right to access, correct, and delete personal information
• Right to object to marketing communications
• Right to lodge complaints with regulatory authorities

For minors in Quebec, parental consent is required for processing of personal information, and enhanced protections apply to minors aged 14 and under.

5. Prohibited Conduct

You agree not to engage in any of the following prohibited conduct while using Gym Art services:

Illegal Activities

• Violating any federal, state, provincial, or local law, statute, ordinance, or regulation
• Violating regulations such as PIPEDA, Loi 25, COPPA, or GDPR
• Transmitting harmful, malicious, or threatening content
• Engaging in fraud, deception, or misrepresentation

Harassment & Abuse

• Harassing, threatening, or intimidating other users or Gym Art staff
• Sending unsolicited, offensive, or defamatory messages
• Discriminating against users based on protected characteristics (race, ethnicity, religion, gender, sexual orientation, disability, etc.)
• Bullying or cyberbullying, particularly targeting minor users

Child Safety Violations

• Soliciting, exploiting, or endangering minors in any way
• Transmitting sexual content involving minors
• Attempting to obtain personal information from minors without parental consent
• Violating parental controls or consent mechanisms

Data Misuse & Privacy Violations

• Data Scraping: Automatically collecting, extracting, or downloading personal information or content without authorization
• Facial Recognition & Biometric Data: Using, processing, or analyzing facial recognition, biometric identification, or other biological analysis without explicit consent, in violation of Loi 25 and GDPR
• Unauthorized Profiling: Creating behavioral, psychological, or demographic profiles of users without consent
• Accessing other users' accounts or personal information without authorization
• Sharing other users' personal information without consent
• Selling, trading, or transferring personal information without authorization
• Using Gym Art data for purposes other than those stated in our Privacy Policy

Intellectual Property & Content Violations

• Infringing on copyrights, trademarks, patents, or other intellectual property rights
• Uploading content you do not own or have the right to share
• Reproducing, distributing, or publicly displaying Gym Art content without authorization
• Creating derivative works from Gym Art intellectual property

Technical Abuse

• Introducing viruses, malware, or harmful code
• Conducting denial-of-service attacks or network disruption
• Attempting to gain unauthorized access to systems or data
• Circumventing security measures or authentication mechanisms
• Reverse engineering, decompiling, or attempting to derive source code

Impersonation & Misrepresentation

• Impersonating Gym Art staff, judges, or other users
• Misrepresenting affiliation with Gym Art or other organizations
• Creating multiple accounts to circumvent policies or deceive others

Enforcement

Gym Art monitors for prohibited conduct and reserves the right to:

• Remove or disable access to violating content
• Suspend or terminate the account of the violating user
• Report violations to law enforcement or regulatory authorities
• Pursue civil or criminal remedies as applicable

Users are encouraged to report prohibited conduct by contacting info@gymart.org.

6. Intellectual Property

Gym Art's Intellectual Property

All content, features, and functionality of Gym Art (including but not limited to software, designs, text, graphics, logos, images, and compilation of data) are the exclusive property of Gym Art or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use Gym Art services for personal, non-commercial purposes only. This license does not permit you to:

• Reproduce, distribute, or transmit Gym Art content
• Modify, adapt, or create derivative works
• Remove any copyright, trademark, or other proprietary notices
• Reverse engineer or decompile Gym Art technology
• Use Gym Art services for commercial purposes without written authorization

User-Generated Content

You retain ownership of any content you create and upload to Gym Art services. However, by uploading or transmitting content, you grant Gym Art a worldwide, royalty-free, revocable license to use, reproduce, distribute, and display content solely for the purposes of providing and operating the Services. This license is limited to the applicable retention period set forth in the Privacy Policy and Video Recording Agreement (default: 1 year from the competition date for video recordings, 3 years for competition records). This license terminates automatically upon deletion of the content, withdrawal of your consent, or deletion of your account, whichever occurs first. Upon termination of this license, Gym Art will delete all copies of the content from its systems within 30 days.

For minors: Parents or guardians must explicitly consent to the use and distribution of their child's content. This consent is separate from general account authorization and media recording consent.

Reporting Intellectual Property Infringement

If you believe your intellectual property rights have been infringed, please contact:

Email: info@gymart.org
Mail: Gym Art, 1412 rue Aylwin, Montréal, QC H1W 3B7, Canada

Provide detailed information about the allegedly infringing content, your copyrighted or trademarked work, and your legal basis for the claim.

7. Data Processing by Organizers

Gym Art as Data Processor

When Organizers use Gym Art Meets to conduct events and competitions, Gym Art acts as a Data Processor on behalf of the Organizer (Data Controller). This means:

• Organizers determine what personal information is collected (e.g., participant names, ages, contact information)
• Organizers determine the purposes for data collection (e.g., event registration, scoring, results reporting)
• Gym Art processes this data according to the Organizer's instructions and applicable law
• Both Organizers and Gym Art are responsible for ensuring compliance with Loi 25, PIPEDA, COPPA, GDPR, and other applicable data protection laws

Organizer Responsibilities

Organizers using Gym Art Meets agree to:

• Collect only personal information necessary for event operations
• Provide clear notice to participants about what data is collected and how it will be used
• Obtain appropriate consent from participants and parents/guardians of minors before collecting personal information
• Use participant data only for purposes disclosed at the time of collection
• Implement reasonable security measures to protect participant data
• Comply with participants' requests to access, correct, or delete their data
• Notify Gym Art immediately if a data breach occurs
• Ensure compliance with all applicable data protection laws in their jurisdiction

Gym Art's Processing Obligations

Gym Art commits to:

• Process personal information only in accordance with Organizer instructions
• Ensure that staff and vendors are bound by confidentiality obligations
• Implement appropriate technical and organizational security measures
• Maintain detailed records of data processing activities
• Assist Organizers in fulfilling data subject rights requests
• Notify Organizers of any data breaches or security incidents
• Delete or return personal information upon event conclusion, unless longer retention is required by law

Subcontractors & Vendors

Gym Art may use subcontractors or vendors to support event operations (e.g., cloud hosting, payment processing, video streaming). All subcontractors are required to:

• Process personal information only as instructed
• Maintain appropriate security measures
• Comply with applicable data protection laws
• Be bound by written contracts addressing data protection obligations

Organizers will be notified of any changes to subcontractors used to process personal information.

8. Data Retention & Deletion

Retention Periods

Gym Art retains personal information only for as long as necessary to provide services and comply with legal obligations. Retention periods vary by data type and purpose:

Right to Deletion

Users (or parents of minor users) have the right to request deletion of personal information under Loi 25, PIPEDA, and GDPR. To request deletion, contact:

Email: privacy@gymart.org

We will delete personal information within 30 days unless:

• Deletion would violate legal or regulatory obligations
• Data is required for active event operations
• Data is subject to a retention period for legal compliance (e.g., financial records)
• Deletion would compromise child safety investigations

Parental Access & Deletion for Minors

Parents or guardians of users under 18 have the right to:

• Access all personal information collected from their child
• Request correction of inaccurate information
• Request deletion of their child's personal information (except where legally required to retain)
• Revoke consent for future data collection

To exercise these rights, parents must verify their relationship to the minor and provide identification. Contact privacy@gymart.org to initiate a parental access request.

Deletion of Account Data

When a user or organizer closes their account, Gym Art will:

• Cease active processing of personal information within 30 days
• Delete non-essential account data immediately
• Retain data required for legal compliance, financial records, or ongoing disputes for the periods required by law
• Delete archived or backup data containing the user's personal information within 90 days

9. Cross-Border Data Transfers

International Data Transfers

Gym Art operates primarily from Quebec, Canada. However, personal information may be transferred to, accessed from, or processed in other countries in the following circumstances:

• Cloud Infrastructure: Gym Art uses cloud hosting providers that may store data in multiple jurisdictions
• International Participants: Users and organizers may be located in different countries
• Third-Party Service Providers: Payment processors, analytics providers, or other vendors may process data internationally
• Subcontractors: Video streaming, email, or other service providers may be located outside Canada

GDPR & EU Data Transfers

For personal information of EU residents subject to GDPR, Gym Art implements appropriate safeguards for international transfers:

• Standard Contractual Clauses (SCCs): Gym Art uses GDPR-compliant Standard Contractual Clauses with subcontractors and vendors processing EU personal data
• Data Protection Agreements: Transfers to third countries are authorized only under lawful mechanisms (Standard Contractual Clauses, Binding Corporate Rules, or adequacy decisions)
• Adequate Safeguards: We assess third-country data protection laws and implement supplementary technical measures where necessary

Loi 25 & Quebec Data Transfers

For personal information of Quebec residents subject to Loi 25, international transfers are authorized only when:

• Adequate safeguards are in place in the destination jurisdiction
• The individual has been informed of the transfer
• Appropriate security measures protect data in transit and at destination
• Legal agreements address data protection obligations

User Control Over Transfers

Users may request information about where their personal information is transferred or processed. Contact privacy@gymart.org for details about specific data processing locations and safeguards.

Risk Mitigation

Gym Art implements the following safeguards to mitigate risks associated with international transfers:

• Encryption of data in transit and at rest
• Regular security audits and assessments
• Contractual obligations requiring data protection compliance
• Restricted access to personal information on a need-to-know basis
• Incident response procedures for breaches involving international data

10. Liability Limitations

Disclaimer of Warranties

Gym Art services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, express or implied, regarding:

• Uninterrupted or error-free service
• Fitness for a particular purpose
• Merchantability or quality of services
• Security or absence of malware
• Accuracy of content or information

Gym Art disclaims all warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the fullest extent permitted by law, Gym Art shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of data, loss of business opportunity, or reputational harm, arising from:

• Use or inability to use Gym Art services
• Unauthorized access to or alteration of user data
• Conduct of other users or third parties
• Any other matter relating to Gym Art services

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability) and even if Gym Art has been advised of the possibility of such damages.

Exceptions

The above limitations do not apply to:

• Gym Art's gross negligence or willful misconduct
• Violations of data protection laws that cause material harm
• Breaches of confidentiality obligations regarding minors' data
• Death or personal injury caused by Gym Art's negligence
• Any liability that cannot be excluded under applicable law

Data Breach Liability

In the event of a data breach involving personal information of users, Gym Art shall:

• Notify affected users within 72 hours of discovering the breach (as required by Loi 25, GDPR, and other regulations)
• Provide information about the nature of the breach and remedial measures
• Cooperate with law enforcement and regulatory authorities
• Bear reasonable costs of identity protection or credit monitoring services where required by law

Gym Art's maximum liability for any data breach shall be limited to the extent permitted by law, but shall not preclude liability for breaches caused by Gym Art's negligence or failure to implement reasonable security measures.

Third-Party Content & Services

Gym Art is not responsible for:

• Content created, uploaded, or transmitted by users
• Third-party websites, applications, or services linked from Gym Art
• Conduct of third-party vendors or subcontractors
• Disputes between users regarding event results or scores

Users access third-party services at their own risk and should review their privacy policies and terms of service.

11. Termination

Termination by User

You may terminate your Gym Art account at any time by submitting a request to info@gymart.org. Upon termination:

• Your account will be disabled and access revoked
• Personal information will be deleted or anonymized according to Section 8 (Data Retention)
• Event participation may be affected if termination occurs during active events
• Financial obligations (if any) remain binding

Termination by Gym Art

Gym Art may terminate your account or access to services at any time, with or without cause, upon notice. Grounds for termination include:

• Violation of these Terms of Service
• Engagement in prohibited conduct (Section 5)
• Failure to comply with applicable laws
• Non-payment of fees (if applicable)
• Violation of Gym Art's child safety policies
• Abuse of other users
• Inactivity for 24 consecutive months (with notice)

Gym Art will provide notice of termination via email to the address associated with your account, except in cases of emergency or imminent safety risk.

Effect of Termination

Upon termination, whether by you or Gym Art:

• Your right to use Gym Art services ceases immediately
• Downloaded content remains subject to intellectual property restrictions
• Financial obligations continue
• Sections addressing liability, intellectual property, and governing law survive termination

Survival

The following provisions survive any termination or expiration of these Terms: Intellectual Property (Section 6), Liability Limitations (Section 10), Governing Law (Section 12), and any indemnification or financial obligations.

12. Governing Law & Jurisdiction

Primary Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict-of-law principles. The Quebec Civil Code shall apply to matters of contract interpretation and enforcement.

Applicable Jurisdictions & Laws

While Quebec law governs these Terms, Gym Art acknowledges that users may be subject to other applicable data protection and privacy regulations:

Forum & Jurisdiction

You and Gym Art agree that any legal action or proceeding shall be brought exclusively in the courts located in Montreal, Quebec, Canada, or the superior court of Quebec. Both parties irrevocably submit to the jurisdiction and venue of these courts.

Exception: Gym Art may seek injunctive relief or other equitable remedies in any court of competent jurisdiction to prevent irreparable harm or enforce intellectual property rights.

Waiver of Trial by Jury

To the fullest extent permitted by law, both Gym Art and users waive the right to trial by jury and consent to resolution by judge in the courts of Quebec.

13. Dispute Resolution

Informal Resolution

Before pursuing formal legal action, both parties agree to attempt informal resolution of disputes through good-faith negotiation. To initiate informal resolution:

1. Contact Gym Art in writing at info@gymart.org, describing the dispute in detail
2. Provide any supporting documentation or evidence
3. Allow Gym Art 15 business days to respond with a proposed resolution
4. Engage in good-faith discussion to reach mutually acceptable resolution

Escalation to Management

If informal resolution does not result in agreement within 30 days, either party may escalate the dispute to Gym Art's management. Contact:

Email: privacy@gymart.org
Subject: "Formal Dispute Resolution - [Your Name]"

Management will review the dispute and provide a written response within 15 business days.

Complaint Process for Data Protection Violations

If you believe Gym Art has violated your data protection rights under Loi 25, PIPEDA, COPPA, or GDPR, you may file a formal complaint by:

1. Internal Complaint: Submit a complaint to privacy@gymart.org describing the violation and requesting remedial action
2. Regulatory Authority Complaint: Lodge a complaint with the appropriate regulatory authority in your jurisdiction:
   • Quebec: Commission d'accès à l'information du Québec (CAI)
   • Canada: Privacy Commissioner of Canada
   • EU: Your national Data Protection Authority
   • U.S. (COPPA): Federal Trade Commission (FTC)

Gym Art shall respond to all formal complaints within 30 days and cooperate fully with any regulatory investigations.

Mediation

If informal resolution and escalation do not resolve the dispute, either party may propose mediation. Mediation shall be conducted by a neutral third-party mediator selected by mutual agreement, with costs shared equally by both parties. Mediation is non-binding and either party may proceed to litigation if mediation does not resolve the dispute.

Litigation

If disputes cannot be resolved through informal resolution, escalation, or mediation, either party may pursue litigation in the courts of Montreal, Quebec, as provided in Section 12 (Governing Law & Jurisdiction).

Jurisdiction-Aware Dispute Resolution

Any dispute arising from or relating to these Terms shall first be submitted to good-faith negotiation between the parties for a period of 30 days following written notice.

If negotiation fails, the dispute shall be submitted to mediation administered by the Quebec Bar's mediation service or another mutually agreed mediator, conducted in the judicial district of Montreal.

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein.

To the extent permitted by applicable law in your jurisdiction, you agree to resolve disputes on an individual basis. This clause does not apply where prohibited by law, including but not limited to proceedings under Quebec's Consumer Protection Act (Loi sur la protection du consommateur) or claims brought on behalf of minors.

Limitation Period

Any legal action or claim must be brought within two (2) years of the date the claim arises, or the claim shall be forever barred.

14. Accessibility Commitment

Commitment to Accessibility

Gym Art is committed to ensuring that our services are accessible to all users, including those with disabilities. We strive to comply with:

• WCAG 2.1 Level AA Standards: Web Content Accessibility Guidelines to ensure digital content is perceivable, operable, understandable, and robust
• Canadian Accessibility Standards: Integrated Accessibility Standards Regulation (IASR) under Ontario's Accessibility for Ontarians with Disabilities Act (AODA)
• Quebec Accessibility Standards: Standards established under Quebec's accessibility frameworks

Accessibility Features

Gym Art services include the following accessibility features:

• Keyboard navigation support for all interactive elements
• Screen reader compatibility and semantic HTML markup
• Text alternatives (alt text) for all images and non-text content
• Sufficient color contrast (minimum 4.5:1 for normal text)
• Resizable text and customizable color schemes
• Captions and transcripts for video content (where applicable)
• Clear heading structure and logical content organization
• Accessible forms with proper labeling and error messages
• Focus indicators for keyboard users

Accessibility for Users with Disabilities

Gym Art is committed to providing reasonable accommodations for users with disabilities, including:

• Alternative formats for content (large print, audio descriptions, simplified language)
• Assistance with account setup and navigation
• Extended timelines for event registration or participation
• Accommodations for video recording or participation (e.g., audio-only participation)
• Communication support (sign language interpretation, real-time captions)

To request accessibility accommodations, contact info@gymart.org and describe your needs.

Reporting Accessibility Issues

If you encounter accessibility barriers or issues using Gym Art services, please report them to:

Email: info@gymart.org
Subject: "Accessibility Issue - [Description]"

We will investigate reported issues and work to implement fixes within 30 days, or provide an alternative accessible solution.

Continuous Improvement

Gym Art regularly conducts accessibility audits and user testing to identify and address accessibility gaps. We are committed to continuous improvement of accessibility across all services.

15. Contact Information

For questions, concerns, or requests related to these Terms of Service, Gym Art's services, or your data, please contact:

Response Times

Gym Art aims to respond to all inquiries within:

• Data access requests: 15 business days
• Data deletion requests: 30 days
• Complaints: 15 business days (initial response), 30 days (resolution)
• Data breach notifications: 72 hours of discovery
• General inquiries: 5 business days

Privacy Policy Reference

These Terms of Service work in conjunction with Gym Art's Privacy Policy. For detailed information about how Gym Art collects, uses, and protects personal information, please review our Privacy Policy.

Final Notice

Effective Date: March 16, 2026
Last Updated: March 2026

These Terms of Service supersede all previous versions and agreements. Gym Art reserves the right to modify these Terms at any time. Material changes will be communicated to users via email or prominent notice on the Gym Art website. Continued use of Gym Art services following notification of changes constitutes acceptance of the updated Terms.

If you have questions about updates to these Terms, contact info@gymart.org.