PeakWatch Custom Workout User Agreement

Welcome to using our services (you are referred to as "User"). To use the "PeakWatch" custom workout creation service (hereinafter referred to as "Service"), you should read and comply with the "PeakWatch Creator Agreement" (hereinafter referred to as "Agreement") and related special rules. You confirm that you have the civil capacity appropriate to your behavior as stipulated by the relevant laws of your country or region, have the ability to agree to and comply with this Agreement, and independently bear legal responsibility for all your behaviors under this Agreement. If you do not have the aforementioned civil capacity appropriate to your behavior, you should obtain the informed consent of your legal guardian. If you are a minor, please read and judge whether to agree to this Agreement under the accompaniment of your legal guardian. The exercise and performance of rights and obligations under this Agreement by minors and persons without corresponding civil capacity, and their behavior in this software shall be deemed to have obtained the approval of their legal guardians.

This Agreement is available in multiple language versions including Chinese, English, Japanese, Korean, German, Spanish, etc.

1. Acceptance of Terms

1.1 PeakWatch provides services to users according to the terms of this Agreement: once a user successfully logs in, whether accessing the services provided by PeakWatch or publishing any content on the services provided by PeakWatch, it shall be deemed that the user has read and agreed to accept the constraints of this Agreement and related rules.

1.2 When using various services provided by PeakWatch, users should comply with guidelines and rules related to such services. All such agreements and rules shall constitute part of this Agreement.

1.3 Users who directly or indirectly use services and data provided by PeakWatch through various means (such as RSS sources and off-site API references) are deemed to unconditionally accept all contents of this Agreement.

1.4 If users do not agree to any terms of this Agreement, users may choose to terminate access or stop using the services.

1.5 Users should comply with the terms of this Agreement and use the services provided by PeakWatch legally and reasonably; if users have any behavior that violates this Agreement, PeakWatch has the right to unilaterally restrict, suspend or terminate the provision of this service to you at any time according to the violation, and reserves the right to revoke the user's account at any time.

2. Usage Rules

2.1 Users shall bear full responsibility for the authenticity, legality, and validity of their login information. Users shall not impersonate others; shall not publish any information under the name of others; shall not maliciously use their accounts to cause other users to misidentify their identity. PeakWatch does not bear any responsibility or provide any guarantee for your behavior. If disputes arise with other users or third parties due to your behavior, you shall independently bear external responsibility, and if this causes damage to PeakWatch, other users or third parties, you shall compensate according to law.

2.2 The services provided by PeakWatch are platforms for information sharing, dissemination and access. Information published by users through the services provided by PeakWatch is public information, and other third parties can access the information published by users through the services provided by PeakWatch. Any information published by users is deemed public information, and users independently bear the legal responsibility for such behavior. Any information that users do not want to be known by other third parties should not be published on the services provided by PeakWatch.

2.3 Users promise not to use the services provided by PeakWatch in any way to directly or indirectly engage in behaviors that violate the laws, regulatory rules and social morality of their country or region. We have the right to delete any content that violates the above promises.

2.4 Users shall not use the services provided by PeakWatch to create, upload, copy, publish, transmit or disseminate the following content: (1) Content that opposes the basic principles determined by the laws and regulations of the country or region; (2) Content that endangers public safety and national security of the country or region; (3) Content that damages the honor and interests of the country or region; (4) Content that incites hatred and discrimination; (5) Content that distorts history, promotes violence or extreme thoughts; (6) Content that spreads rumors, disrupts social order, and undermines social stability; (7) Content that spreads obscenity, pornography, gambling, violence, murder, terror or incites crime; (8) Content that insults or defames others and infringes upon others' legitimate rights and interests; (9) Content that infringes upon others' intellectual property rights, trade secrets and other legitimate rights; (10) Content that maliciously fabricates facts and conceals truth to mislead and deceive others; (11) Publishing, transmitting, and spreading spam information; (12) Content containing false, fraudulent, harmful, threatening, invasive of others' privacy, harassing, infringing, defamatory, vulgar, obscene or otherwise morally objectionable content; (13) Other content restricted or prohibited by other laws, regulations, departmental rules and any legally effective norms, as well as content we consider inappropriate for display on PeakWatch.

Minors and Age Standards

2.5 Definition of "minors": Based on the legal age of majority in the user's place of residence (18 years old in most countries/regions; 20 years old in some regions).

2.6 If you are a minor, you should obtain explicit consent from your legal guardian; otherwise, the guardian will bear full legal responsibility for all your behaviors on this service.

2.7 Children's privacy protection: We will not deliberately collect sensitive personal information of users under 16 years old (or higher age as prescribed by local law); if collection is necessary, we will obtain guardian consent according to local laws (such as GDPR Annex Children's Clauses, US COPPA) and provide special protective measures.

3. Intellectual Property

The services provided by PeakWatch are platforms for information acquisition, sharing and dissemination. We respect and encourage user-created content, recognize the importance of protecting intellectual property, and commit to making intellectual property protection one of the basic principles of operating the services provided by PeakWatch.

3.1 Users own the copyright of all original content published on PeakWatch. Users may authorize third parties to use it in any way without PeakWatch's consent.

3.2 If third parties copy content published by users on the services provided by PeakWatch elsewhere outside PeakWatch for non-commercial purposes, they should prominently identify the original author's name (or the account name used by the original author on PeakWatch) on the work, provide the original link to the services provided by PeakWatch, note "published on the services provided by PeakWatch", and shall not modify or interpret the work. If the work needs to be modified or used for commercial purposes, third parties should contact users for separate authorization to use the content in the manner specified by users.

3.3 Users should guarantee that content uploaded or published on PeakWatch is owned by the copyright holder or has obtained legal authorization, and that such content does not infringe upon any third party's legitimate rights. If third parties raise objections to copyright, the services provided by PeakWatch have the right to delete relevant content according to actual circumstances and have the right to pursue users' legal responsibility. Users should be responsible for full compensation for any damages caused to PeakWatch and any third parties.

3.4 If any third party infringes upon PeakWatch users' rights, users agree to authorize us or our designated agents to warn, complain, initiate administrative law enforcement, litigation, appeal or negotiate settlements against such third parties on behalf of users, and users agree to participate in joint rights protection when the services provided by PeakWatch deem it necessary.

3.5 PeakWatch has the right but no obligation to review content published by users, and has the right to handle infringing information according to relevant evidence combined with laws and regulations related to intellectual property protection and information dissemination in the country or region.

4. Personal Privacy and Data Protection

4.1 We commit to collecting, storing, using and sharing personal information in accordance with relevant laws and regulations such as Hong Kong Personal Data (Privacy) Ordinance (PDPO), EU General Data Protection Regulation (GDPR), US California Consumer Privacy Act (CCPA) and Children's Online Privacy Protection Act (COPPA).

4.2 We only collect users' non-sensitive and sensitive personal information as necessary to provide, maintain and improve services; when processing sensitive information such as health or children's data, we will do so after obtaining explicit consent.

4.3 Cross-border data transfer: Our servers and partners may be located in jurisdictions outside Hong Kong, and users agree to necessary cross-border transfers to realize service functions. We will ensure data security and compliance in cross-border transfers through contracts, EU Standard Contractual Clauses (SCCs) and necessary technical and administrative measures.

4.4 Data subject rights: Under the GDPR and other applicable regulatory frameworks, you have the rights to access, correct, delete, restrict processing, data portability and withdraw consent. You may submit requests through hi@peakwatch.co, and we will respond within the time limits prescribed by law.

4.5 Data retention and deletion: We only retain users' personal information for the period necessary to achieve the collection purpose, or for longer periods as otherwise prescribed by law. If users cancel their accounts, we will delete or anonymize their personal information according to legal requirements.

4.6 Third-party sharing and disclosure: Except when required by law or regulatory departments, or when sharing information with third parties (such as cloud service providers, payment institutions) as needed to provide services, we sign strict data processing agreements to ensure that the other party undertakes the same protection obligations.

5. Disclaimer

5.1 PeakWatch cannot guarantee the security and correctness of content published by users.

5.2 Content published by users on PeakWatch only expresses their personal positions and views, and does not represent PeakWatch's position or views. Users, as publishers of content, are responsible for the content published and should bear all legal responsibilities for all disputes arising from published content. PeakWatch does not bear any legal or joint liability for this.

5.3 PeakWatch does not guarantee that network services will definitely meet users' requirements or that network services will not be interrupted, nor does it guarantee the timeliness and accuracy of network services.

5.4 For network service interruptions, delays or other defects caused by force majeure or reasons beyond our control, PeakWatch bears no responsibility, but will make every effort to reduce the impact and losses to users.

6. Agreement Modifications

6.1 According to the development of the Internet and changes in relevant laws, regulations and normative documents, or due to business development needs, PeakWatch has the right to modify the terms of this Agreement. Once the content of this Agreement is modified, PeakWatch will publish the modified Agreement at the original location, and this publication shall be deemed as PeakWatch having notified users of the modified content.

6.2 If users do not agree to this service's modifications to the terms of this Agreement, users have the right and should stop using this service. If users continue to use the service, it shall be deemed that users have accepted the service's modifications or changes to the terms of this Agreement.

7. Contact Us

When you have any questions, opinions or suggestions, you can contact us through the following ways: Email: hi@peakwatch.co

8. Applicable Law and Dispute Resolution

8.1 The conclusion, effectiveness, performance, interpretation and dispute resolution of this Agreement shall all be governed by the laws of the Hong Kong Special Administrative Region.

8.2 For any disputes arising from or related to this Agreement, both parties should first conduct friendly consultations in good faith; if consultation fails, either party may submit the dispute to the Hong Kong International Arbitration Centre for arbitration according to the arbitration rules effective at that time. The arbitration location shall be the Hong Kong Special Administrative Region, the arbitration language may be chosen as Chinese or English by the party applying for arbitration, and the arbitration award shall be final and binding on both parties.