Terms of Service

1. Acceptance of Terms

Welcome to Functioning Fitness. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Functioning Fitness ("Company," "we," "us," or "our") governing your access to and use of our mobile application, website, and related services (collectively, the "Services").

By accessing, downloading, installing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

Your continued use of the Services following any modifications to these Terms constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically for any updates or changes.

2. Description of Services

Functioning Fitness is a mobile fitness application designed primarily for seniors and adults who want to transform daily household activities into trackable fitness routines. Our Services include, but are not limited to:

• Activity Logging: Track daily household tasks and activities as fitness exercises
• Calorie Tracking: MET-based caloric output calculations for various activities
• Smart Movement Tracking: Analysis and tracking of movements throughout the day
• Progress Visualization: Dashboards, statistics, and health trends
• Gamification Features: Streaks, badges, achievements, and milestones
• Community Features: Social interactions and achievement sharing
• Video Library: Instructional content and safe movement demonstrations
• Health Device Integration: Apple HealthKit and Google Fit synchronization
• Push Notifications: Reminders, alerts, and motivational messages
• AI-Powered Recommendations: Personalized activity suggestions based on your preferences

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. Eligibility Requirements

To use our Services, you must meet the following eligibility requirements:

• Age Requirement: You must be at least 18 years of age to create an account and use our Services. By using the Services, you represent and warrant that you are at least 18 years old.
• Legal Capacity: You must have the legal capacity to enter into a binding contract in your jurisdiction.
• Account Authorization: If you are using the Services on behalf of another person (such as a family member), you must have their explicit authorization to do so.
• Compliance: You must not be prohibited from receiving or using the Services under applicable laws.

We implement technical measures to prevent users who do not meet our eligibility requirements from registering for an account. If we discover that you do not meet these requirements, we reserve the right to immediately terminate your account.

4. Account Registration and Security

4.1 Account Creation

To access certain features of our Services, you must create an account. When registering, you agree to provide accurate, current, and complete information. You must keep your account information updated to ensure its accuracy.

4.2 Authentication Methods

We offer several authentication methods designed for ease of use, including:

• Magic Link Authentication (passwordless email sign-in)
• OAuth integration (Google Sign-In)
• Email and password authentication

4.3 Account Security

You are responsible for maintaining the confidentiality and security of your account credentials. You agree to:

• Keep your login credentials confidential and not share them with others
• Notify us immediately of any unauthorized access to or use of your account
• Log out of your account at the end of each session when using shared devices
• Take reasonable measures to prevent unauthorized access to your account

You are solely responsible for all activities that occur under your account, whether or not you authorized such activities. We are not liable for any loss or damage arising from unauthorized use of your account.

5. Subscription Plans and Payments

5.1 Free Tier

Functioning Fitness offers a free tier that includes access to core features:

• Daily personalized workout plans (never expire)
• Household chore integration and activity logging
• Complete gamification features (streaks, badges, milestones)
• Progress tracking and statistics
• MET-based calorie calculations
• Basic community features
• AI-powered safety validation

5.2 Premium Subscription

Our Premium subscription ($9.99/month or as otherwise displayed) provides additional features:

• Caregiver Portal for family monitoring
• Emergency response features and one-tap alerts
• Video demonstrations with professional guidance
• Advanced analytics and exportable reports
• Priority customer support
• Custom workout creation
• Premium achievement badges
• Ad-free experience
• Offline mode

5.3 Billing and Auto-Renewal

Premium subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. By subscribing, you authorize us to charge your payment method on a recurring basis. You may cancel your subscription at any time through your account settings or through your app store (Apple App Store or Google Play Store).

5.4 Refund Policy

Subscription fees are generally non-refundable except as required by applicable law. For subscriptions purchased through app stores, refund requests must be submitted through the respective app store according to their refund policies. We may, at our sole discretion, provide refunds or credits in specific circumstances.

5.5 Price Changes

We reserve the right to change subscription prices at any time. If we change prices, we will provide you with reasonable advance notice. Your continued use of Premium features after a price change becomes effective constitutes your agreement to pay the changed amount.

6. License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download and install the Functioning Fitness application on your personal mobile device(s)
• Access and use the Services for your personal, non-commercial purposes
• View and interact with content made available through the Services

This license does not include the right to:

• Modify, copy, distribute, or create derivative works based on the Services
• Reverse engineer, decompile, or disassemble the application
• Remove, alter, or obscure any proprietary notices
• Use the Services for any commercial purpose without our express written consent
• Transfer, assign, or sublicense your rights under this license

We may terminate this license at any time for any reason. Upon termination, you must cease all use of the Services and delete all copies of the application from your devices.

7. User-Generated Content

7.1 Your Content

The Services may allow you to submit, post, or share content, including but not limited to activity logs, achievements, comments, photos, and other materials ("User Content"). You retain ownership of your User Content, but by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing and improving the Services.

7.2 Content Responsibility

You are solely responsible for all User Content you submit. You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not infringe upon the rights of any third party
• Your User Content complies with these Terms and all applicable laws

7.3 Content Removal

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without prior notice. We are not obligated to store, maintain, or provide copies of your User Content.

8. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree to:

• Provide accurate and truthful information when using the Services
• Use the Services in a manner consistent with their intended purpose
• Respect the rights and dignity of other users
• Follow all applicable local, state, national, and international laws
• Report any security vulnerabilities or bugs you discover to us promptly
• Keep your health information accurate to ensure appropriate activity recommendations

9. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws, regulations, or third-party rights
• Creating false or misleading accounts or impersonating any person or entity
• Harassing, threatening, or intimidating other users
• Posting or transmitting content that is unlawful, harmful, defamatory, or obscene
• Attempting to gain unauthorized access to the Services, other accounts, or computer systems
• Interfering with or disrupting the Services or servers
• Using automated means (bots, scrapers, etc.) to access the Services without permission
• Circumventing, disabling, or interfering with security features
• Selling, transferring, or assigning your account to another person
• Using the Services to collect information about other users without their consent
• Engaging in any activity that could damage, disable, or impair the Services
• Falsifying activity data, calorie counts, or other tracked information
• Using the Services to promote commercial products or services without authorization

Violation of these prohibitions may result in immediate termination of your account and may subject you to civil or criminal liability.

11. Third-Party Services and Integrations

11.1 Health Platform Integrations

The Services may integrate with third-party health platforms, including:

• Apple HealthKit
• Google Fit
• Other wearable device platforms

Your use of these integrations is subject to the respective third-party terms and privacy policies. We are not responsible for the privacy practices or content of these third-party services.

11.2 Third-Party Links

The Services may contain links to third-party websites or services. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services. Your access and use of such third-party websites or services is at your own risk.

11.3 Data Sharing

When you enable third-party integrations, you authorize us to share necessary data with those third parties to provide the integrated features. We will never sell your health data to third parties.

12. Intellectual Property Rights

12.1 Our Intellectual Property

The Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof, are the exclusive property of Functioning Fitness and its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

12.2 Trademarks

"Functioning Fitness," our logo, and other marks are trademarks of Functioning Fitness. You may not use our trademarks without our prior written permission. All other trademarks appearing on the Services are the property of their respective owners.

12.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute such Feedback for any purpose without compensation or attribution to you.

13. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Services, you consent to our collection and use of your information as described in our Privacy Policy. Key aspects of our data practices include:

• Compliance with consumer privacy laws including CCPA and GDPR
• Encryption of sensitive health data at rest
• Transparent data usage disclosures
• User rights to data export and deletion
• No selling of health data to third parties

We implement appropriate technical and organizational measures to protect your personal data. However, no method of transmission over the Internet or electronic storage is 100% secure.

14. Disclaimers and Warranties

THE SERVICES ARE 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, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of any information
• Warranties that the Services will meet your requirements or expectations
• Warranties that defects will be corrected

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL FUNCTIONING FITNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, goodwill, or other intangible losses
• Personal injury or property damage arising from your use of the Services
• Unauthorized access to or alteration of your transmissions or data
• Any conduct or content of any third party on the Services
• Any content obtained from the Services

Our total liability to you for any claims arising out of or relating to these Terms or the Services shall not exceed the greater of: (a) the amount you paid us, if any, during the twelve (12) months preceding the claim; or (b) one hundred dollars ($100).

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.

16. Indemnification

You agree to defend, indemnify, and hold harmless Functioning Fitness and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content
• Your use of the Services
• Your violation of any third-party rights
• Your violation of any applicable laws, rules, or regulations
• Any claim that your User Content caused damage to a third party

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

17. Account Termination

17.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in the app settings. Upon termination, your right to use the Services will immediately cease.

17.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Conduct that we determine to be harmful to the Services or other users
• Extended periods of inactivity
• Requests from law enforcement or government agencies
• Discontinuation of the Services

17.3 Effects of Termination

Upon termination: (a) your license to use the Services will terminate; (b) you must delete all copies of the application; (c) any outstanding payments will become due; and (d) we may delete your account data in accordance with our data retention policies. Sections of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms on our website and/or within the app
• Updating the "Last Updated" date at the top of these Terms
• Sending you an email notification or push notification
• Displaying a prominent notice within the Services

Your continued use of the Services after any changes to these Terms become effective constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

We encourage you to review these Terms periodically. It is your responsibility to check for updates regularly.

19. Dispute Resolution

19.1 Informal Resolution

Before filing any formal legal claim, you agree to first contact us and attempt to resolve the dispute informally for at least sixty (60) days. Most concerns can be quickly resolved through our customer support channels.

19.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Functioning Fitness agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services 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.

19.3 Class Action Waiver

YOU AND FUNCTIONING FITNESS 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 OR REPRESENTATIVE ACTION.

19.4 Exceptions

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in court for matters related to data security, intellectual property, or unauthorized access to the Services.

20. Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Services that is not subject to arbitration shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, and you consent to the personal jurisdiction of such courts.

21. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Services, please contact us at: