Terms of Service

These Terms of Service (the "Terms") are a legal agreement between you and FitOr4Fit ("FitOr4Fit", "we", "us", "our") that governs your access to and use of the FitOr4Fit mobile application and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Who We Are

The Service is provided by:

FitOr4Fit
770 East 500 South
Salt Lake City, UT 84102
United States

If you have questions about these Terms, you can contact us at:

• Email: support@fitor4fit.com
• Address: as listed above

2. Eligibility

To use the Service, you must:

• Be at least 18 years old (or the age of majority where you live, if higher).
• Be legally able to enter into a binding contract.
• Not be barred from using the Service under any applicable law.

By using the Service, you represent and warrant that you meet these requirements and that all information you provide to us is true, accurate, and complete.

We may refuse, suspend, or terminate access to the Service where permitted by law, including if we reasonably believe you do not meet these requirements or you have violated these Terms.

3. Description of the Service

FitOr4Fit is a fitness challenge app designed to help you stay accountable to weekly walking/running goals using small monetary commitments:

• You join weekly challenges by committing an entry fee as displayed in the app.
• You set a personal distance goal for the week within the allowed range displayed in the app.
• You connect the app to health data sources (e.g., Apple HealthKit on iOS and Android Health Connect) so we can automatically track eligible, GPS-based workouts.
• Throughout the week, the app shows your real-time progress toward your goal.
• At the end of each challenge period, the app calculates winners and losers:
  • Users who meet their goal are "successful" participants.
  • Users who fail to meet their goal are "unsuccessful" participants and forfeit their entry fee to the challenge's prize pool.
• Unsuccessful users' forfeited entry fees (minus FitOr4Fit's fee) are distributed to successful users. FitOr4Fit collects a service fee (currently 10% of forfeited entry fees, as described in the app) from the prize pool.

The Service may also display historical challenges, challenge statistics, and other fitness-related information, and may send you reminders and notifications.

We may add, modify, or remove features or functionalities at any time, including to comply with law, improve the Service, or maintain security and stability.

4. Health and Safety

The Service is intended to motivate and support fitness activity but is not a medical or healthcare service.

• We do not provide medical advice, diagnosis, treatment, or recommendations.
• The Service is not a substitute for professional medical advice or judgment.
• You are solely responsible for determining whether participating in physical activity and fitness challenges is safe and appropriate for you.

Before using the Service, you should consult a physician or other qualified healthcare provider, especially if you have a medical condition, are pregnant, or have any concerns about your health.

If you experience dizziness, chest pain, shortness of breath, or any other concerning symptoms while using the Service or exercising, stop immediately and seek medical attention.

You understand and agree that you participate in any physical activity and use the Service at your own risk.

5. Account Registration and Security

5.1 Registration and Authentication

• The Service currently uses third-party identity providers (such as Google and Apple) via Supabase for authentication.
• You may be required to sign in using your Google or Apple account to access the Service. We do not currently offer separate email/password registration.

5.2 Account Security

You are responsible for:

• Maintaining the confidentiality and security of your device and login credentials for your Google/Apple accounts.
• Ensuring that your account information is accurate and up to date.
• Not sharing your account with anyone else or allowing others to access the Service on your behalf.

You agree to notify us promptly at the contact information above if you become aware of any unauthorized use of your account or any other security incident.

We are not responsible for losses arising from unauthorized use of your account where we have implemented reasonable security measures and you have failed to keep your credentials or device secure.

6. Acceptable Use and Prohibited Conduct

You may use the Service only for lawful, personal, and non-commercial purposes and only as permitted by these Terms and applicable law.

You agree not to:

1. Cheat or manipulate challenge results, including by:
   • Falsifying or manipulating GPS data or routes (e.g., using GPS "spoofing" tools or riding as a passenger in a vehicle while logging a workout).
   • Manually entering or editing workout data in health apps in ways that artificially inflate distance or performance, where such entries are not recorded as valid GPS workouts.
   • Circumventing or interfering with our fraud detection, GPS validation, or pace-validation logic.
2. Misuse the Service, including by:
   • Using the Service in violation of any applicable law or regulation.
   • Infringing or violating the rights of others, including privacy, publicity, and intellectual property rights.
   • Using automated scripts, bots, scrapers, or other automated means to access, query, or interact with the Service.
   • Interfering with or disrupting the Service, servers, or networks, including by introducing viruses, malware, or other harmful code.
3. Reverse engineer or tamper with the Service, including by:
   • Attempting to discover the source code, underlying algorithms, or security mechanisms, except to the extent permitted by applicable law.
   • Modifying or creating derivative works of any part of the Service.

We may monitor usage, challenge results, and workout patterns (including GPS-based validation) where permitted by law to detect suspected cheating, abuse, or security incidents and may take appropriate action, including adjusting results, withholding payouts, or suspending or terminating your account.

7. Challenges, Entry Fees, Prize Pools, and In-App Balance

7.1 Challenge Entry and Fees

• To join a challenge, you must:
  • Select a weekly walking/running distance goal within the allowed range displayed in the app.
  • Pay the applicable entry fee as shown in the app, or use sufficient funds from your in-app balance.
• Challenge parameters (entry fees, start and end dates, goal limits, and other conditions) are shown in the app and may change for future challenge periods.

7.2 Challenge Results and Prize Pool

• At the end of each challenge period:
  • We determine whether you have met your goal based on validated workouts (e.g., GPS-verified walking/running sessions from trusted sources).
  • If you meet or exceed your goal, you are classified as a successful participant.
  • If you do not meet your goal, you are classified as an unsuccessful participant and your entry fee is forfeited to the prize pool.
• The prize pool for a challenge consists primarily of forfeited entry fees for that challenge.
• FitOr4Fit charges a service fee (currently 10% of forfeited amounts) from the prize pool. The remaining amount is distributed to successful participants in accordance with the rules displayed in the app.

We may adjust results if we detect errors (e.g., technical issues, data corruption) or suspected cheating or fraud, in which case we may correct challenge outcomes and associated payouts where permitted by law.

7.3 In-App Balance

• The Service may maintain an in-app balance associated with your account, representing:
  • Amounts you have deposited through our payment providers.
  • Winnings and payouts earned from successful challenges.
  • Amounts you have withdrawn or forfeited.
• Your in-app balance:
  • Is not a bank account, deposit, or investment product.
  • Does not earn interest and is not insured by the FDIC or any other governmental or deposit insurance scheme.

You may use your in-app balance, as allowed by the app, to:

• Pay entry fees for future challenges.
• Request withdrawals to supported payout methods, subject to any limits, verifications, or fees disclosed in the app.

7.4 No Guaranteed Winnings

Participation in challenges does not guarantee any winnings, payouts, or financial return. You may lose all of your entry fee for a challenge if you fail to meet your goal or if we adjust results due to suspected cheating or errors.

8. Payments, Automatic Charges, and Withdrawals

8.1 Payment Processing

• We use third-party payment processors (currently including Stripe for entry fees and PayPal or similar providers for payouts) to handle payments on our behalf.
• By providing a payment method or initiating a payment, you:
  • Authorize us and our payment processors to charge your payment method for entry fees and other amounts disclosed in the app.
  • Represent that you are authorized to use the payment method.

We do not store full card numbers or CVV codes on our own servers; this information is processed securely by our payment processors.

8.2 Saved Payment Methods and Off-Session Charges

• Certain flows may save a default payment method (for example, Stripe SetupIntents) so that we can charge you automatically (an "off-session" charge) for future entry fees or other amounts disclosed in the app.
• By using these flows, you authorize us and Stripe to:
  • Store information about your payment method (e.g., brand, last four digits, expiration month/year) for your account.
  • Charge your saved payment method automatically when you join or commit to a challenge as explained in the app.

You can manage your payment methods and cancel or update authorizations via the app where such controls are provided or by contacting us and/or the payment provider, subject to any legal or contractual restrictions.

8.3 Withdrawals and Payouts

• When you request a withdrawal of your in-app balance:
  • We will send funds using the payout method you select (e.g., PayPal or other supported services), as available in the app.
  • You are responsible for ensuring that your payout details (such as email address or phone number) are accurate and up to date.
• Withdrawals may be subject to:
  • Minimum or maximum limits and fees (if any), as disclosed in the app.
  • Processing times and anti-fraud or identity-verification checks.

We are not responsible for delays, failed payments, or fees imposed by third-party payment providers.

8.4 Refunds and Chargebacks

• Entry fees are generally non-refundable once a challenge has started, except where we are required by law to issue a refund or we choose to cancel or void a challenge.
• If a payment is reversed, declined, or charged back, we may:
  • Deduct the amount from your in-app balance or future payouts.
  • Adjust your participation or results in affected challenges.
  • Suspend or terminate your account if we suspect fraud or misuse.

9. Health Data, Permissions, and GPS Validation

The Service relies on health and location data to function correctly and to enforce fair play.

9.1 Health Data Sources

• On iOS, the app may integrate with Apple HealthKit.
• On Android, the app may integrate with Health Connect or similar services.

With your explicit permission, we may access:

• Walking and running workouts and related metrics (e.g., distance, duration, start/end times, and source app).
• GPS route and location data associated with workouts.
• Derived data such as average pace or validation scores used to detect unusual patterns.

9.2 Purpose of Health and GPS Data

We use health- and GPS-related data to:

• Track your progress towards challenge goals.
• Validate workouts and verify that they represent legitimate walking/running activity.
• Detect suspected cheating (e.g., unrealistic speeds, inconsistent routes, manual entries that appear fraudulent).
• Calculate challenge results, prize pools, and payouts.

We do not use health data for advertising or marketing and do not share health data with third-party advertisers.

You can revoke health-data and location permissions at any time in your device settings. However, doing so may prevent you from participating in challenges or accurately tracking your progress.

Additional information about how we process health and location data is provided in our Privacy Policy, which forms part of these Terms.

10. Intellectual Property

The Service, including all software, text, graphics, logos, designs, and other content, is owned by FitOr4Fit or its licensors and is protected by copyright, trademark, and other laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the app on your personal device solely for your own non-commercial use.

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service.
• Reverse engineer or attempt to extract the source code of the app, except as permitted by applicable law.
• Remove or alter any proprietary notices or branding.
• Use our name, logos, or trademarks without our prior written consent.

11. Third-Party Services

The Service depends on various third-party services, including but not limited to:

• Supabase (authentication, database, hosting, and serverless functions).
• Stripe (payment processing).
• PayPal, Tremendous, and similar providers (payouts).
• Apple HealthKit and Android Health Connect (health data integration).
• Apple, Google, and other identity providers (single sign-on).
• Expo and platform push-notification services.

Your use of these services may be subject to additional terms and privacy policies between you and those third parties. We are not responsible for third-party services that we do not control.

12. Termination and Suspension

12.1 Your Right to Stop Using the Service

You may stop using the Service at any time. You may also request that we close your account by contacting us at the email address provided above, subject to any legal or contractual obligations that require us to retain certain information.

12.2 Our Right to Suspend or Terminate

Where permitted by law, we may suspend or terminate your access to the Service (including your account) if:

• You violate these Terms or any applicable law.
• We suspect or detect cheating, fraud, or misuse of the Service.
• We discontinue the Service in whole or in part.

We will, where legally required, notify you of the suspension or termination and the reasons for it. You may contact us to contest our decision, and we will review your request in accordance with applicable law.

12.3 Effects of Termination

Upon termination:

• Your right to access and use the Service will end.
• We may process outstanding payments, adjust any open challenges, and handle remaining in-app balances in accordance with these Terms and applicable law.
• Provisions that by their nature should survive (such as intellectual property rights, limitations of liability, and dispute resolution provisions) will continue to apply.

13. Disclaimers

To the fullest extent permitted by law:

• The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory.
• We disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not guarantee:
  • That the Service will be uninterrupted, secure, or error-free.
  • That challenge results, health data, or GPS data will always be accurate, complete, or up-to-date.
  • That participation in challenges will lead to any particular health outcome or financial result.

Nothing in these Terms is intended to exclude or limit any warranty or liability that cannot be excluded or limited under applicable law (for example, certain consumer rights in the European Union or United Kingdom).

14. Limitation of Liability

To the maximum extent permitted by applicable law:

• FitOr4Fit and its officers, directors, employees, and affiliates shall not be liable for:
  • Any indirect, incidental, special, consequential, or punitive damages.
  • Any loss of profits, revenue, data, goodwill, or business opportunities.
• Our total aggregate liability for all claims arising out of or related to the Service or these Terms shall not exceed the greater of:
  • (a) the total amount of entry fees you paid to us in the three (3) months preceding the event giving rise to the claim, or
  • (b) USD $50.

Some jurisdictions do not allow certain limitations or exclusions of liability. In those jurisdictions, our liability will be limited to the greatest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless FitOr4Fit and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service.
• Your participation in challenges or physical activities in connection with the Service.
• Your violation of these Terms or any applicable law.
• Your infringement or violation of any rights of another person or entity.

This obligation will survive termination of your account and use of the Service.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms, and any dispute or claim arising out of or in connection with them or the Service, shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without regard to its conflict of law principles.

If you are a consumer habitually resident in the European Union or United Kingdom, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your country of residence.

16.2 Jurisdiction

Except where prohibited by law, you and FitOr4Fit agree that the state and federal courts located in or serving Salt Lake County, Utah (USA) shall have exclusive jurisdiction over any dispute or claim relating to these Terms or the Service. You and we waive any objection to jurisdiction and venue in those courts where such waiver is lawful.

If applicable law provides you with mandatory rights to bring disputes in other courts (for example, in your country of residence), those rights remain unaffected.

17. Users in the European Economic Area (EEA) and United Kingdom

If you are located in the EEA or UK, you may have additional consumer rights that apply to your use of the Service, including:

• Certain statutory warranties or remedies that cannot be excluded under local law.
• Rights to withdraw from certain online contracts within a cooling-off period, subject to exceptions.

Nothing in these Terms is intended to limit or exclude any rights you have under mandatory EEA or UK consumer protection laws. If there is a conflict between these Terms and those laws, the mandatory laws prevail to the extent of the conflict.

18. California Users

If you are a resident of California, you may have additional rights under California law (including the California Consumer Privacy Act, as amended by the California Privacy Rights Act). These rights primarily concern your personal information and are described in more detail in our Privacy Policy, including:

• The right to request access to specific pieces and categories of personal information we collect.
• The right to request deletion of certain personal information.
• The right to correct inaccurate personal information.
• The right to be free from discrimination for exercising your privacy rights.

Our Privacy Policy also explains how we handle "sensitive personal information" such as health data and precise location.

19. Changes to These Terms

We may update these Terms from time to time. When we do, we will:

• Update the "Last updated" date at the top of this document.
• Provide additional notice where required by law (for example, in-app notice or email).

If you continue using the Service after the updated Terms become effective, you are deemed to have accepted the updated Terms. If you do not agree to the changes, you must stop using the Service.

20. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any additional terms presented in the app, constitute the entire agreement between you and FitOr4Fit regarding the Service.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• No Waiver: Our failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision.
• Assignment: You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign these Terms, in whole or in part, in connection with a merger, acquisition, or sale of assets, or by operation of law.

If you have any questions about these Terms, please contact us using the information above.