IMPORTANT: By participating in the Functioning Fitness Beta Testing Program, you acknowledge that you have read, understood, and agree to be bound by this Beta Testing Agreement, our Terms of Service, Privacy Policy, and Health & Fitness Disclaimer.

1. Overview and Purpose

This Beta Testing Agreement ("Agreement") is entered into between you ("Tester," "you," or "your") and Functioning Fitness LLC ("Company," "we," "us," or "our") and governs your participation in the Functioning Fitness Beta Testing Program ("Beta Program").

The purpose of the Beta Program is to allow selected users to test pre-release versions of the Functioning Fitness mobile application ("Beta App") before its public launch. Your participation helps us identify bugs, improve usability, and ensure the app meets the needs of our target audience.

This Agreement supplements, and does not replace, our standard Terms of Service. In the event of a conflict between this Agreement and the Terms of Service regarding beta-specific matters, this Agreement shall prevail.

2. Eligibility and Acceptance

2.1 Eligibility Requirements

To participate in the Beta Program, you must:

Be at least 18 years of age
Have a compatible mobile device (iOS or Android)
Accept this Agreement in its entirety
Be in sufficient health to safely perform household activities (see Section 5)

2.2 Limited Participation

The Beta Program is limited to a select number of testers at our sole discretion. We reserve the right to accept, reject, or revoke participation at any time without providing a reason. Being invited to the Beta Program does not guarantee continued access.

2.3 Acceptance

By installing the Beta App, creating an account during the beta period, or otherwise accessing the Beta Program, you indicate your acceptance of this Agreement.

3. Nature of Beta Software

YOU UNDERSTAND AND ACKNOWLEDGE THAT THE BETA APP IS PRE-RELEASE SOFTWARE THAT:

May contain bugs, errors, and defects
May not function as intended or as described
May cause unexpected behavior on your device
May experience data loss, corruption, or inaccuracies
May be unstable or crash unexpectedly
Is not a finished product and may differ significantly from any released version
May have features that are incomplete, disabled, or removed before release

The Beta App is provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties or representations regarding the reliability, availability, or performance of the Beta App.

4. Tester Responsibilities

As a beta tester, you agree to:

Use the Beta App in good faith for its intended purpose
Report bugs, errors, and usability issues through our designated feedback channels
Respond to surveys or feedback requests in a timely manner when possible
Keep the Beta App updated to the latest available beta version
Not distribute, share, or transfer your beta access to others
Not use the Beta App for any commercial purpose
Not reverse engineer, decompile, or disassemble the Beta App

Failure to comply with these responsibilities may result in removal from the Beta Program.

5. Health and Safety Acknowledgment

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR HEALTH AND SAFETY DURING BETA TESTING.

Functioning Fitness is a wellness application that tracks household activities as fitness. By participating in the Beta Program, you acknowledge and agree that:

Calorie calculations may be inaccurate — MET-based calorie estimates in the Beta App have not been fully validated and may overestimate or underestimate actual calories burned
Activity recommendations may be inappropriate — Features may suggest activities that are not suitable for your fitness level, age, or health conditions
Health data may be unreliable — Any health-related data displayed in the Beta App should not be relied upon for medical decisions
You should consult your healthcare provider before starting or modifying any exercise or wellness program, especially if you are over 50, have chronic health conditions, or take medications
The Beta App is NOT a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition

For our complete health and safety information, please review our Health & Fitness Disclaimer.

6. Data Collection and Privacy

During the Beta Program, we may collect additional data beyond what is described in our standard Privacy Policy, including:

Crash reports and diagnostic data — Automatic error logs, stack traces, and device information when the app encounters issues
Usage analytics — How you navigate the app, which features you use, and how frequently
Performance metrics — App load times, response times, and resource usage
Feedback data — Your submitted bug reports, feature requests, and survey responses
Device information — Operating system version, device model, screen size, and available storage

This additional data is collected solely to improve the application and will be handled in accordance with our Privacy Policy. Beta-specific diagnostic data will be deleted within 90 days of the Beta Program ending or your withdrawal from the program.

Data Loss Warning: Due to the nature of beta software, your data (including activity logs, achievements, and account information) may be lost, corrupted, or reset during the beta period. We strongly recommend not relying on the Beta App as your sole record of fitness activities.

7. Confidentiality

Unless otherwise specified in writing, the Beta App and all related materials are considered confidential information. You agree to:

Not disclose unreleased features or functionality to non-participants
Not post screenshots or recordings of unreleased features publicly without our written permission
Not discuss technical details of the Beta App in public forums without our consent

You may share your general experience as a beta tester (e.g., "I'm testing a new fitness app") without disclosing specific features or functionality. We may designate certain features as non-confidential at our discretion.

8. Known Limitations and Issues

The following are known limitations of the Beta App at the time of this Agreement. This list is not exhaustive and may be updated:

Some features may be incomplete or temporarily disabled
Performance may vary across different devices and operating systems
Data synchronization may experience delays or failures
Notifications may not be delivered reliably
Offline functionality may be limited
Third-party integrations (health platforms, wearables) may not be available during beta

We will communicate significant known issues through our beta feedback channels and app update notes.

9. Assumption of Risk

BY PARTICIPATING IN THE BETA PROGRAM, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH:

Using pre-release software that may contain errors or defects
Potential loss or corruption of data entered into the Beta App
Performing physical activities tracked or suggested by the Beta App
Relying on calorie calculations, activity tracking, or other data that may be inaccurate
Any interaction with other beta testers or community features
Potential impacts on your device's performance, battery life, or storage

You acknowledge that you are using the Beta App at your own risk and that you are solely responsible for any consequences arising from your participation in the Beta Program.

This assumption of risk applies regardless of whether any injury, damage, or loss is caused by the negligence of Functioning Fitness LLC (including its officers, directors, employees, agents, and affiliates), by defects in the Beta App, or by any other cause whatsoever, to the maximum extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

FUNCTIONING FITNESS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE BETA PROGRAM, INCLUDING BUT NOT LIMITED TO:

Personal injury or health complications arising from activities tracked or suggested by the Beta App
Loss or corruption of data, including activity logs, achievements, or account information
Device damage, malfunction, or performance degradation
Inaccurate calorie calculations, activity measurements, or health-related information
Emotional distress or reliance on gamification elements (streaks, badges, progress)
Loss of expected functionality when features are modified or removed

Our total aggregate liability to you for any and all claims arising from the Beta Program shall not exceed fifty dollars ($50.00).

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Functioning Fitness LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your participation in the Beta Program; (b) your violation of this Agreement; (c) your violation of any rights of any third party; or (d) any physical activity you perform in connection with or as a result of using the Beta App.

12. No Warranty

THE BETA APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that the Beta App will be uninterrupted, error-free, secure, or free of viruses or harmful components
Warranties regarding the accuracy, reliability, or completeness of any information, data, or content
Warranties that the Beta App will meet your requirements or expectations
Warranties that defects, bugs, or errors will be corrected
Warranties that your data will be preserved, backed up, or recoverable
Warranties regarding the accuracy of calorie calculations, activity measurements, or health-related data

You expressly acknowledge that the Beta App is pre-release software with known and unknown defects, and that your use of the Beta App may result in unexpected outcomes including data loss, device issues, and inaccurate health information. You accept the Beta App with all faults.

13. Termination of Beta Access

13.1 By You

You may withdraw from the Beta Program at any time by uninstalling the Beta App and notifying us at beta@functioningfitness.com.

13.2 By Us

We may terminate your participation in the Beta Program at any time, with or without cause, with or without notice. Reasons for termination may include, but are not limited to:

Violation of this Agreement or our Terms of Service
Failure to provide feedback or engage with the Beta Program
End of the Beta Program
Operational or business reasons

13.3 Effects of Termination

Upon termination of your beta access: (a) your license to use the Beta App terminates immediately; (b) you must delete the Beta App from your device; (c) your beta data may be deleted or migrated at our discretion; and (d) the confidentiality, assumption of risk, limitation of liability, and indemnification provisions of this Agreement shall survive termination.

14. Intellectual Property and Feedback

14.1 Ownership

The Beta App, including all software, designs, features, content, and documentation, is and shall remain the exclusive property of Functioning Fitness LLC. Your participation in the Beta Program does not grant you any ownership rights, licenses, or interests in the Beta App beyond the limited right to use it during the Beta Program.

14.2 Feedback Assignment

Any feedback, suggestions, ideas, bug reports, feature requests, improvements, or other input you provide regarding the Beta App ("Feedback") shall be the sole and exclusive property of Functioning Fitness LLC. You hereby irrevocably assign to Functioning Fitness LLC all right, title, and interest (including all intellectual property rights) in and to all Feedback. You agree that Functioning Fitness LLC may use, modify, distribute, and incorporate Feedback into its products and services without any obligation, compensation, or attribution to you.

14.3 No Compensation

Your participation in the Beta Program is voluntary and without compensation. You are not entitled to payment, equity, royalties, or any other form of compensation for your participation, Feedback, or any contributions to the Beta App.

15. Transition to Production

When the Beta Program ends and the production version of Functioning Fitness is released:

This Agreement will no longer apply; the standard Terms of Service will govern your use
We will make reasonable efforts to migrate your account data to the production version, but data migration is not guaranteed
Some features available during beta may not be included in the production release
Any achievements, streaks, or gamification progress earned during beta may or may not carry over to the production version

We will notify you in advance of the transition and provide instructions for migrating to the production version.

16. Dispute Resolution

16.1 Informal Resolution

Before filing any formal legal claim related to this Agreement or the Beta Program, you agree to first contact us and attempt to resolve the dispute informally for at least sixty (60) days.

16.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Functioning Fitness LLC agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Beta Program, or any health-related claims arising from your use of the Beta App shall be resolved through binding arbitration, rather than in court, except that either party may seek equitable relief in court for infringement of intellectual property rights.

16.3 Class Action Waiver

YOU AND FUNCTIONING FITNESS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.4 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United States and the state in which Functioning Fitness LLC is registered, without regard to its conflict of law provisions.

17. Contact Information

If you have questions about this Beta Testing Agreement or the Beta Program, please contact us:

Email: beta@functioningfitness.com
General Support: support@functioningfitness.com
Feedback Portal: functioningfitness.canny.io

Acknowledgment

By participating in the Functioning Fitness Beta Testing Program, you acknowledge that you have read this Agreement in its entirety, understand its terms, and voluntarily agree to be bound by it. You also confirm that you have read and agree to our Terms of Service, Privacy Policy, and Health & Fitness Disclaimer.