Gymscanner Takedown Policy

Version 1.0 | Effective Date: June 15, 2026

This Takedown Policy explains how to report content on the Gymscanner website and mobile applications (the "Platform") that infringes rights, is illegal, or breaches our rules, and what happens after a report. It applies to all content hosted on the Platform, including Vendor Listings, profiles, photos, reviews, and other User Content, and forms part of our Terms of Use. Capitalized terms have the meaning given in the Terms of Use.

All notices, counter-notices, and appeals go to one contact point: [email protected].

1. What You Can Report

Intellectual Property Infringement: Content that infringes copyright (photos, text, videos used without permission) or trademark (unauthorized use of brand names or logos, counterfeit affiliation claims).
Illegal Content: Content that violates applicable law, including fraud, scams, incitement, hate speech where unlawful, or content infringing EU or national law within the meaning of the EU Digital Services Act (DSA).
Fake or Abusive Reviews: Reviews that are fabricated, incentivized, submitted by or for a Vendor about itself or a competitor, extortionate, or that contain harassment, defamation, or third-party personal data.
Inaccurate or Fraudulent Vendor Listings: Listings for non-existent gyms or trainers, materially false facility or certification claims, bait pricing, or impersonation of a real business.

ℹ️ Note on Privacy & Security: For privacy requests (deleting your own data), use the process in the Privacy Policy instead. For account security issues, contact support.

2. How to Submit a Notice

Email [email protected] with the subject line matching your report type: "DMCA Notice", "Trademark Notice", "Illegal Content Notice", "Review Report", or "Listing Report". Notices may be submitted in English or Romanian.

2.1 Copyright (DMCA) Notices

Per 17 U.S.C. § 512(c)(3), DMCA notices must include:

Identification of the copyrighted work claimed to be infringed.
Identification of the infringing material and its exact location (URL or in-App location).
Your name, address, telephone number, and email.
A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information is accurate and you are the owner or authorized to act for the owner.
Your physical or electronic signature.

(A ready-to-use template is provided in Annex A below.)

2.2 Trademark Notices

Must include the registered mark, registration number and jurisdiction, the infringing material's location, why the use is infringing, your contact details, and a good-faith and accuracy statement equivalent to items (4) and (5) above.

2.3 Illegal Content Notices (DSA Art. 16)

Must include:

A sufficiently substantiated explanation of why the content is illegal, citing the law where possible.
The exact location of the content (URL or in-App location).
Your name and email (not required for offenses involving sexual abuse or exploitation material, which may be reported anonymously).
A statement of your good-faith belief that the information in the notice is accurate and complete.

2.4 Review and Listing Reports

Must identify the review or Listing, explain the rule breached (Section 1.3 or 1.4), and include any evidence (for example, proof a review is incentivized or that a facility claim is false). Vendors reporting reviews of their own business must disclose that relationship.

⚠️ Incomplete notices may be rejected with an explanation of what is missing.

3. How We Process Notices

Acknowledgment: Sent within 2 business days.
Assessment: A human reviewer assesses every notice; we do not use fully automated removal decisions. Target decision time is 7 business days (faster for urgent illegal content and Trusted Flagger reports; longer where legally complex, with notice to you).
Possible Actions: Removal or disabling of content, geo-restriction (e.g., EU-only removal), demotion or labeling, warning to the content provider, suspension of monetization or Listing, or account suspension/termination.
Statement of Reasons: When content is removed or restricted, we inform the affected user or Vendor of the decision, facts, legal/contractual grounds, and contestation options (unless prohibited by law or involving suspected serious crime).
Notifier Feedback: We inform you of the outcome of your notice.
Preservation: We may preserve removed content and related records for legal compliance, disputes, and law enforcement.

4. Counter-Notices and Restoration

If your content was removed and you believe the removal was mistaken or the notice was wrongful:

DMCA Counter-Notice (Gymscanner, Inc.): Email [email protected] with the elements in Annex B, including your consent to the jurisdiction of the federal district court for your address (or Delaware if outside the US). Unless the original notifier informs us within 10 to 14 business days that it has filed a court action, we restore the content.
All Other Removals: Reply to the statement of reasons with your explanation and evidence. We re-review with a different reviewer where feasible and restore content that was removed in error.

5. Repeat Infringer Policy

Strike System: Confirmed violations generate a strike on the responsible account. Strikes expire after 12 months.
Three-Strike Termination: Three strikes within 12 months result in account termination (for Vendors, this includes holdback and clawback consequences under Section 12.9 of the Terms of Use).
Immediate Termination: We may terminate immediately without strikes for egregious cases: counterfeit operations, fraud, fake Vendor businesses, coordinated fake-review schemes, or content involving serious crime.
Signing Up Again: Terminated users and Vendors may not Sign Up again without our written consent.

6. Trusted Flaggers

Application: Verified rights holders, consumer protection bodies, and expert entities may apply for Trusted Flagger status at [email protected].
Priority Processing: Trusted Flagger notices are processed with priority, targeted within 2 business days.
DSA Status: Entities awarded trusted flagger status by an EU Digital Services Coordinator under DSA Art. 22 receive priority treatment as required by law.
Revocation: Trusted Flagger status is withdrawn if a flagger submits repeated inaccurate or abusive notices.

7. Internal Appeals (EU Users and Vendors)

In addition to Section 4, users and Vendors in the EU may appeal decisions through our internal complaint-handling system, free of charge, within 6 months of the decision.

Covered Decisions: Content removal/restriction, account suspension/termination, refusal to act on a submitted notice, and demonetization or Listing suspension.
How to Appeal: Email [email protected] with the subject "DSA Appeal" and the decision reference.
Review Process: Appeals are decided by a human reviewer not bound by the original decision in a timely, non-arbitrary manner.
External Options: EU users may also refer eligible disputes to a certified out-of-court dispute settlement body under DSA Art. 21, and retain the right to go to court at any time.

8. Misuse of This Process

Legal Liability: Submitting knowingly false notices is unlawful. Under 17 U.S.C. § 512(f), knowing material misrepresentation in a DMCA notice or counter-notice creates liability for damages, including costs and attorneys' fees.
Suspension for Abuse: We may suspend processing notices from persons who frequently submit manifestly unfounded notices, as well as accounts that frequently provide manifestly illegal content (DSA Art. 23).
Competitor Attacks: Using takedown reports to attack competitors (e.g., a gym mass-reporting a rival's legitimate reviews) is a material breach of the Terms of Use and grounds for Vendor termination.

9. Government and Court Orders

We act on valid orders from courts and competent authorities to remove content or provide information, assessing each order's validity and scope, narrowing overbroad demands where possible, and notifying the affected user or Vendor unless legally prohibited. Orders from EU authorities under DSA Arts. 9 and 10 are handled in accordance with those provisions.

10. Records and Transparency

We keep records of notices, decisions, statements of reasons, appeals, and strikes for as long as needed for legal compliance and dispute resolution, in line with the retention table in the Privacy Policy. Where the DSA requires it, we publish periodic transparency information about notices received and actions taken.

11. Changes and Contact

We may update this Policy in line with Section 21 of the Terms of Use.

Notices, Counter-Notices, Appeals & Trusted Flagger Applications: [email protected]
Postal Address: The registered address of your contracting entity in Section 1 of the Terms of Use.

Annex A: Copyright (DMCA) Notice Template

To: [email protected] | Subject: DMCA Notice

Copyrighted work infringed: [describe the work, or provide a representative list]
Infringing material and location: [exact URL or in-App location]
My contact details: [name, address, phone, email]

I have a good-faith belief that the use of the material described above is not authorized by the copyright owner, its agent, or the law.

I declare, under penalty of perjury, that the information in this notice is accurate and that I am the copyright owner or authorized to act on the owner's behalf.

Signature: [physical or electronic] | Date:

Annex B: DMCA Counter-Notice Template

To: [email protected] | Subject: DMCA Counter-Notice

Removed material and its location before removal: [URL or in-App location]
My contact details: [name, address, phone, email]

I declare, under penalty of perjury, that I have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.

I consent to the jurisdiction of the Federal District Court for the judicial district of my address (or, if outside the United States, the District of Delaware), and I will accept service of process from the person who provided the original notice or their agent.

Signature: [physical or electronic] | Date: