GwiGwi.These Terms of Service ("Terms") form a binding agreement between you and the operator of GwiGwi and govern your access to and use of GwiGwi, including our websites, generation tools, competitions, galleries, profiles, credits, and related services (collectively, the "Service"). Please read them carefully, together with our Privacy Policy, which is incorporated into these Terms by reference.
By accessing or using the Service, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you must not access or use the Service. Sections on disclaimers, limitation of liability, indemnity, and disputes limit our liability and affect your legal rights, so please read them closely.
By accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization. If you do not agree, do not use the Service. We may update these Terms as described in the "Changes to These Terms" section; your continued use after an update means you accept the updated Terms.
The Service is operated by Fiveupclub Inc ("GwiGwi", "we", "us", or "our"), a company established in the State of Wyoming, United States with a registered address at 30 N Gould St Ste R, Sheridan, WY 82801. For any legal or privacy notice, use the contact details in the "Contact" section. For privacy purposes, this entity is the data controller described in our Privacy Policy.
GwiGwi is an AI-powered creative competition platform. Using third-party AI models, you can create AI-generated images and videos from text or image prompts; submit creations to themed competitions; vote, comment, and appear on leaderboards; and use related profile and sharing features. The Service relies on third-party providers for generation, prompt assistance, moderation, authentication, storage, payments, and related infrastructure. Some features may be experimental, may change or be withdrawn at any time, and may not be available in every location.
The Service is intended only for adults. You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to access or use the Service, including to create an account, generate content, or make any payment. The Service is not directed to, and may not be used by, anyone under 18. By using the Service you represent that you meet this requirement. We may suspend or terminate any account we reasonably believe belongs to an ineligible or underage user, and may use age-related signals or verification where appropriate.
On first visit, GwiGwi may create an anonymous account for you through Supabase Auth. You may upgrade to a persistent account by signing in with email or a supported OAuth provider. Anonymous sessions are tied to your browser; if you clear cookies, switch devices, or lose local browser data before upgrading, the anonymous account may not be recoverable.
You are responsible for all activity under your account, for keeping your login method secure, and for notifying us promptly if you believe your account has been accessed without authorization. You must provide accurate information and must not impersonate others, create accounts by automated means, share or sell your account, or maintain more than one account to evade limits or enforcement. We may suspend or remove accounts that violate these Terms, our content policy, or applicable law.
Credits are a virtual, limited, revocable license to access generation features and certain creative actions within the Service. Credits are not money, not a bank deposit, and not a stored-value or payment instrument. They have no monetary value outside the Service, are non-transferable, and cannot be exchanged, sold, or redeemed for cash or anything of monetary value. We may adjust credit pricing, feature costs, rewards, and availability, and may expire unused credits, with reasonable notice for material changes.
Optional credit packs may be purchased through Lemon Squeezy, our merchant of record. Lemon Squeezy collects payment information, calculates and remits applicable taxes, and issues receipts. By making a purchase, you also agree to Lemon Squeezy's Terms of Service and Privacy Policy.
Once credits are added to your account, all sales are final and credits are non-refundable, except where a refund is required by applicable consumer-protection law or where we choose to make an exception. Where you are a consumer in a jurisdiction that grants a statutory right of withdrawal for digital content (for example, the EEA or UK), you acknowledge and request that supply of digital content begins immediately upon purchase and agree that your right of withdrawal is lost once delivery has begun, to the extent permitted by law. We may revoke credits, reverse rewards, or suspend purchasing in cases of fraud, chargeback, payment reversal, abuse, or violation of these Terms.
GwiGwi runs themed creative competitions in which users submit AI creations and the community votes. Participation is based on creativity and community voting, not on chance. No purchase is necessary to participate in a competition or to place in one; purchasing credits does not increase your chances of placing and buys only generation capacity. Any rankings, badges, credits, or other in-app rewards have no cash value, are not prizes redeemable for money, and are provided at our discretion. We may create, change, pause, re-score, disqualify entries from, or cancel any competition at any time, including to address suspected fraud, vote manipulation, botting, or policy violations. Competitions are void where prohibited, and you are responsible for complying with any laws that apply to you. These competitions are not sponsored, endorsed, or administered by, or associated with, any platform on which you may share your entry.
Outputs are generated by third-party AI models and may be inaccurate, offensive, incomplete, non-unique, or unsuitable for your intended use. Similar prompts from different users may produce similar or identical outputs, and we do not promise that any output is original, unique, or free of third-party rights. You are solely responsible for reviewing outputs and for how you use, publish, distribute, or commercialize them, including obtaining any rights or clearances required for your use.
Whether an AI output is protected by intellectual-property rights, and who owns it, depends on applicable law and on the terms of the provider used to generate it, and may be uncertain. We make no representation that you own, or can register or enforce rights in, any output. You must not rely on outputs as professional, legal, medical, financial, or safety advice.
You represent that you have all rights and permissions needed for any prompt, image, upload, or other material you submit. Do not submit sensitive personal information, confidential information, payment-card data, government identifiers, biometric data, or content you are not authorized to use.
Depending on the feature you use, GwiGwi sends the minimum data needed to the providers below. When you use a provider-powered feature, you also agree to that provider's terms and acceptable-use and safety policies, and your data is processed subject to their own retention and model policies. Some of these providers operate outside your country, including in China and the United States; see the International Transfers section of our Privacy Policy.
We are not responsible for third-party providers, their availability, or their handling of data beyond our own systems, and their inclusion here is not an endorsement.
Prompts are private by default. We store prompts to provide generation, moderation, prompt assistance, support, abuse prevention, account recovery, and debugging. We do not sell your prompts, and we do not use your prompts or uploaded source images to train a GwiGwi-owned model without separate opt-in consent.
There is currently no public prompt-sharing feature. Public pages and public API payloads are designed not to display raw prompts unless the product clearly offers a prompt-sharing option and you choose to use it. Public submissions may show the generated image, video, title, username, score, votes, comments, competition metadata, and other visible community activity.
As between you and GwiGwi, you retain any rights you have in your prompts, uploaded source images, profile content, comments, and other original content you submit ("User Content"). Rights in AI-generated outputs may depend on applicable law and on the terms of the provider used to generate the output.
By submitting, uploading, publishing, or otherwise making User Content or outputs available through the Service, you grant GwiGwi a non-exclusive, worldwide, royalty-free, sublicensable (to our providers and operators solely to run the Service) license to host, store, reproduce, adapt for display formats, publish, display, transmit, moderate, and share that content as needed to operate, provide, secure, improve, and promote the Service.
This license lets us display competition entries, leaderboards, galleries, profile pages, share pages, and related in-product experiences; run moderation, analytics, debugging, and quality review; and feature community creations on our owned channels with reasonable creator credit where practical. It does not transfer ownership of your content to GwiGwi, and it does not let us sell your prompts. The license for a given item ends within a reasonable time after you delete it, except for copies retained in backups, logs, moderation or legal records, or as required by law, and except for any content others have already re-shared or that must remain to preserve the integrity of a concluded competition.
You represent, warrant, and agree that, for all content you submit:
You are solely responsible for the content you generate, upload, submit, or share, and you assume all risk associated with it. You agree not to generate, upload, submit, share, or attempt to create content that:
This list is illustrative, not exhaustive. We may refuse, restrict, or remove content or conduct that we reasonably consider harmful, unlawful, or contrary to the spirit of these rules, even if not specifically listed.
GwiGwi has a zero-tolerance policy toward child sexual abuse material ("CSAM") and any content that sexualizes, exploits, or endangers a minor. This prohibition applies to real, fictional, animated, illustrated, and AI-generated depictions alike, and to any attempt to create, request, solicit, or distribute such content, regardless of stated intent, artistic framing, or claimed age. It is also strictly prohibited to upload images of real minors for generation, or to use the Service to groom, endanger, or facilitate harm to a minor.
We use automated and human moderation to detect such content. Where we become aware of apparent CSAM or child sexual exploitation, we will remove it, terminate the responsible account immediately and permanently, preserve relevant data, and report to the U.S. National Center for Missing & Exploited Children (NCMEC) and/or other competent authorities as required or permitted by law, and cooperate with law enforcement. Nothing in our privacy commitments limits our ability to take these actions.
We respect intellectual-property rights and expect you to do the same. If you believe content on the Service infringes your copyright or other rights, send a notice to the contact address below that includes: your contact information; identification of the work or right and of the allegedly infringing material with enough detail for us to locate it (such as a URL); a statement that you have a good-faith belief the use is not authorized by the rightsholder, its agent, or the law; a statement, under penalty of perjury where applicable, that the information is accurate and that you are the rightsholder or authorized to act on their behalf; and your physical or electronic signature.
We will review valid notices and may remove or disable access to the material. If your content was removed and you believe this was a mistake or misidentification, you may submit a counter-notice. We reserve the right to remove content, and we will, in appropriate circumstances, disable or terminate the accounts of users who are repeat infringers.
We may, but are under no obligation to, review or monitor prompts, uploads, outputs, comments, account activity, and metadata using automated systems, third-party moderation tools, and human review. We may refuse generation, hide or remove content, block submissions, revoke credits, limit features, suspend or terminate accounts, or take other action, with or without notice, when we reasonably believe it is needed to protect users, providers, GwiGwi, or the public, or to comply with law. We are not responsible or liable for User Content or for our decision to act or not act on any content.
Some moderation decisions may be eligible for appeal through in-product flows. Approval of an appeal does not guarantee that a third-party AI provider will accept or successfully generate the same request.
If you send us suggestions, ideas, or feedback about the Service, you agree that we may use them without restriction or obligation to you, and that such feedback is non-confidential.
Our Privacy Policy explains what we collect, how we use it, which third-party services process data for us, how prompts are handled, where data is processed (including transfers outside your country), and how you can request deletion or exercise privacy rights.
You may delete your account from Settings. Deletion is irreversible and is intended to remove your profile, generated assets, submissions, votes, hearts, comments, and credit transaction history from active systems where technically practical. Deleting your account forfeits any remaining credits without compensation. Some data may remain temporarily in backups, logs, fraud-prevention records, legal or safety records, payment records, or aggregated or anonymized statistics.
We may add, change, suspend, or discontinue features, models, providers, prices, credit costs, competitions, or availability at any time. The Service may be interrupted by maintenance, provider outages, network issues, safety incidents, legal requirements, or events outside our reasonable control. We are not liable for any such change or interruption.
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, in whole or in part, at any time, with or without notice, if you violate these Terms or applicable law, if required for security, legal, or safety reasons, or if we discontinue the Service. On termination, your right to use the Service ends immediately and remaining credits are forfeited without compensation, except where prohibited by law. Sections that by their nature should survive termination — including those on User Content licenses, representations, acceptable use, child safety, disclaimers, limitation of liability, indemnity, disputes, and miscellaneous — will survive.
The Service, all outputs, and all content are provided "as is" and "as available" without warranties of any kind, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, uniqueness, security, or error-free or uninterrupted operation. We do not warrant that outputs will meet your requirements or be lawful for your intended use, and we are not responsible for User Content or for the acts or content of other users or third parties. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
To the fullest extent permitted by applicable law, GwiGwi and its officers, employees, contractors, and providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, goodwill, data, or content, service interruptions, provider failures, unauthorized access, or actions you or others take based on outputs or User Content, even if advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the total amount you paid to us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) USD 100. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; nothing here limits liability that cannot be limited by law (such as for death or personal injury caused by negligence, fraud, or willful misconduct).
You agree to defend, indemnify, and hold harmless GwiGwi and its officers, employees, contractors, and providers from and against any claims, damages, liabilities, penalties, and expenses (including reasonable legal fees) arising out of or related to your User Content, your use of the Service, your violation of these Terms or of any law, or your infringement or violation of another person's rights.
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, and, subject to the paragraph below, the courts located in Sheridan County, Wyoming, United States will have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court to protect intellectual property or confidential information.
Before starting any formal proceeding, you agree to first contact us at the address below and attempt in good faith to resolve the dispute informally for at least thirty (30) days. To the extent permitted by law, any claim must be brought within one (1) year after it arises, and you and GwiGwi agree that claims will be brought only in an individual capacity and not as part of any class or representative action. Nothing in this section deprives a consumer of the protection of, or of the right to bring proceedings in the courts of, the country where they live, where mandatory local law so provides.
You represent that you are not located in, and are not a national or resident of, a country or region subject to comprehensive sanctions or embargo, and that you are not on any government restricted-party or denied-party list. You agree not to use the Service in violation of applicable export-control or sanctions laws.
We may update these Terms from time to time. When we do, we will update the date at the top of this page and, for material changes, provide additional notice within the Service or by other reasonable means where practical. Changes take effect when posted (or on any later effective date we state). Your continued use of the Service after changes take effect means you accept the updated Terms; if you do not agree, you must stop using the Service.
These Terms, together with the Privacy Policy and any policies linked here, are the entire agreement between you and GwiGwi for the Service and supersede any prior agreement on the same subject. If a provision is found unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign or transfer these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. We are not liable for any delay or failure caused by events beyond our reasonable control. We may provide notices electronically or by posting them in the Service.
If you have questions or concerns about these Terms, or to send a legal, copyright, or child-safety notice, you may contact us:
We will endeavour to respond to enquiries within a reasonable timeframe. For formal legal notices, please use the email address above.