Terms of Service & EULA

By creating an account, downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, Acceptable Use Policy, and Cookie Policy, which are incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service following any changes to these Terms constitutes your acceptance of such changes.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Subject to your compliance with these Terms, FITGYAL grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the FITGYAL application on a device that you own or control, solely for your personal, non-commercial use.

You do not own the Service. This license does not grant you any ownership interest in the Service or any of its components. The Service, including all software, code, user interface designs, graphics, audio, and content, is owned by FITGYAL and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You agree that you will not:

• Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service;
• Rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer rights to the Service;
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Service;
• Use the Service for any purpose other than its intended purpose as a personal fitness and social application;
• Use any automated means, including bots, scrapers, or scripts, to access or interact with the Service;
• Circumvent, disable, or otherwise interfere with any security features of the Service.

You must be at least 13 years of age to use the Service. If you are located in the European Union, European Economic Area, or the United Kingdom, you must be at least 16 years of age. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

By using the Service, you represent and warrant that you meet these eligibility requirements. We reserve the right to request proof of age and to terminate accounts that do not meet these requirements.

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your login credentials;
• Not share your account or login credentials with any other person;
• Not create more than one account per person;
• Immediately notify FITGYAL of any unauthorized use of your account or any other security breach.

You are responsible for all activities that occur under your account, whether or not you authorized such activities. FITGYAL will not be liable for any loss or damage arising from your failure to comply with these requirements.

We authenticate users through Supabase authentication services. By creating an account, you also agree to the terms of our authentication provider.

You agree to use the Service in compliance with all applicable local, state, national, and international laws and regulations. You are solely responsible for all content you submit, post, upload, share, or transmit through the Service, including but not limited to posts, photos, avatar images, dance videos, comments, messages, workout logs, and any other user-generated content (“User Content”).

You must comply with our Acceptable Use Policy at all times when using the Service. Violation of the Acceptable Use Policy constitutes a violation of these Terms.

You retain ownership of the User Content you submit to the Service. However, by submitting, posting, uploading, or sharing User Content through the Service, you grant FITGYAL a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and FITGYAL’s business operations, including but not limited to promoting and redistributing part or all of the Service in any media formats and through any media channels.

This license continues even if you stop using the Service, except that FITGYAL will cease distributing your content within a commercially reasonable period after you delete it or your account is terminated, subject to (a) any prior distribution, syndication, or caching, and (b) legal obligations to retain certain data.

You represent and warrant that you have all rights, permissions, and consents necessary to grant this license and that your User Content does not infringe or violate any third party’s intellectual property rights, privacy rights, publicity rights, or any other legal rights.

FITGYAL offers a virtual currency called “FitCoins” that can be earned through use of the Service (e.g., logging workouts, meals, water intake, completing streaks, playing mini games) or purchased through in-app purchases via Stripe.

You acknowledge and agree to the following regarding FitCoins:

• No cash value: FitCoins have no real-world monetary value and cannot be redeemed for cash, gift cards, or any other form of real currency;
• Non-transferable: FitCoins cannot be transferred, traded, sold, or gifted between users or to any third party;
• Non-refundable: All FitCoin purchases are final and non-refundable, except as required by applicable law;
• No property right: FitCoins are a limited license granted to you by FITGYAL and do not constitute property or a stored value instrument;
• Subject to modification: FITGYAL reserves the right to modify FitCoin earning rates, costs, and availability at any time without prior notice;
• Forfeiture: FitCoins may be forfeited upon account termination, violation of these Terms, or discontinuation of the Service;
• Expiration: FITGYAL reserves the right to implement expiration policies for FitCoins with reasonable advance notice;
• Usage: FitCoins may be used within the Service for sweepstakes entries and other in-app features as determined by FITGYAL.

Any attempt to manipulate, exploit, or abuse the FitCoin system, including through automated means, multi-accounting, or exploitation of bugs, will result in immediate account termination and forfeiture of all FitCoins.

FITGYAL operates daily sweepstakes drawings with a prize value of $5.00 USD per drawing (“Sweepstakes”). By entering the Sweepstakes, you agree to the following rules:

• Eligibility: You must be at least 18 years of age (or the age of majority in your jurisdiction) to participate in the Sweepstakes. Sweepstakes are void where prohibited by law. Residents of jurisdictions where sweepstakes are prohibited may not participate;
• Entry: Sweepstakes entries are obtained by spending FitCoins. The number of FitCoins required per entry and the maximum number of entries per drawing may vary and are determined by FITGYAL;
• Odds: Odds of winning depend on the total number of entries received for each drawing. Each entry has an equal chance of being selected;
• Winner selection: Winners are selected at random through an automated drawing system. Drawings occur daily;
• Prize fulfillment: Prizes will be fulfilled via digital payment method (e.g., cash transfer, gift card, or in-app credit) within 30 days of the drawing. Winners must provide valid payment information for prize delivery;
• Taxes: Winners are solely responsible for all applicable taxes on prizes. FITGYAL may issue tax reporting forms (e.g., IRS Form 1099) as required by law;
• No purchase necessary: Where required by law, alternative methods of free entry may be available. Contact support@fitgyal.us for details;
• Disqualification: FITGYAL reserves the right to disqualify any participant who violates these Terms or attempts to manipulate the Sweepstakes.

FITGYAL reserves the right to modify, suspend, or discontinue the Sweepstakes at any time, with or without notice. Specific sweepstakes drawings may have additional rules, which will be posted in the Service.

FITGYAL offers a premium subscription tier called “Thinfluencer” at a price of $9.99 USD per month. By subscribing to Thinfluencer, you agree to the following:

• Auto-renewal: Your Thinfluencer subscription will automatically renew each month at the then-current subscription price unless you cancel before the end of the current billing period. You authorize FITGYAL to charge your payment method on file for each renewal;
• Cancellation: You may cancel your subscription at any time through your account settings or by contacting support@fitgyal.us. Cancellation will take effect at the end of the current billing period. You will continue to have access to Thinfluencer features until the end of the period you have already paid for;
• Free trial: FITGYAL may offer a free trial period for Thinfluencer. If you do not cancel before the end of the trial period, your subscription will automatically convert to a paid subscription and your payment method will be charged;
• Price changes: FITGYAL reserves the right to change the subscription price. You will be notified of any price changes at least 30 days before they take effect. Your continued use of Thinfluencer after a price change constitutes your acceptance of the new price;
• No refunds: Subscription fees are non-refundable, except as required by applicable law. Partial month refunds are not provided;
• Features: Thinfluencer features include, but are not limited to: 2x FitCoin multiplier, unlimited Squad memberships, priority sweepstakes entries, exclusive badges, ad-free experience, advanced analytics, custom profile themes, dance video uploads, and early access to new features. FITGYAL reserves the right to modify Thinfluencer features at any time.

All payments within the Service, including Thinfluencer subscriptions, FitCoin purchases, and Squad creation fees ($4.99 per Squad), are processed through Stripe, our third-party payment processor.

• Payment processing: By making a purchase, you agree to Stripe’s terms of service and privacy policy. FITGYAL does not store your full credit card or payment information on our servers;
• Authorization: You authorize FITGYAL and Stripe to charge your selected payment method for the total amount of your purchase, including any applicable taxes and fees;
• Refund policy: All purchases are final and non-refundable, except as required by applicable law. If you believe a charge was made in error, contact support@fitgyal.us within 30 days of the charge;
• Currency: All prices are listed in United States Dollars (USD) unless otherwise specified;
• Failed payments: If a payment fails, FITGYAL may suspend access to paid features until the payment issue is resolved. We may retry failed payments;
• Chargebacks: Initiating an unauthorized chargeback or dispute may result in account suspension and forfeiture of all associated benefits.

The Service and all of its content, features, and functionality (including but not limited to the FITGYAL name, logo, design, text, graphics, software, code, photographs, audio, video, data compilations, the selection and arrangement thereof, and all other materials) are owned by FITGYAL, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The FITGYAL name, logo, “FitCoin,” “Thinfluencer,” and all related names, logos, product and service names, designs, and slogans are trademarks of FITGYAL. You may not use such marks without the prior written permission of FITGYAL.

If you believe that your intellectual property rights have been infringed by content on the Service, please contact us at support@fitgyal.us with a detailed description of the alleged infringement.

THE SERVICE IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION.

The fitness tracking, meal logging, water intake monitoring, weight tracking, workout suggestions, and all other health-related features of the Service are provided for informational and motivational purposes only. They do not constitute medical advice, professional fitness guidance, nutritional counseling, or any other form of professional health advice.

Before beginning any exercise program, changing your diet, or making any health-related decisions, you should consult with a qualified healthcare professional. FITGYAL is not responsible for any health decisions you make based on information provided through the Service.

You acknowledge that physical activity carries inherent risks and agree to assume full responsibility for any injuries or health issues that may result from your use of the Service.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING.

FITGYAL does not warrant that: (a) the Service will be uninterrupted, secure, or error-free; (b) the results obtained from the Service will be accurate or reliable; (c) the quality of any products, services, information, or other material obtained through the Service will meet your expectations; or (d) any errors in the Service will be corrected.

FITGYAL does not endorse, verify, or guarantee the accuracy of User Content posted through the Service, including workout data, meal information, progress reports, or any health-related claims made by users.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FITGYAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF FITGYAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL FITGYAL’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO FITGYAL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, FITGYAL’s liability will be limited to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless FITGYAL, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or related to:

• Your use of or access to the Service;
• Your violation of these Terms;
• Your User Content;
• Your violation of any third party’s rights, including intellectual property rights, privacy rights, or publicity rights;
• Your violation of any applicable law, rule, or regulation;
• Any claim that your User Content caused damage to a third party.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.

These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the United States of America, without regard to any conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and FITGYAL agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the United States.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution: Before initiating any formal dispute resolution proceeding, you agree to first contact FITGYAL at support@fitgyal.us and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration: If we are unable to resolve the dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and the arbitrator’s decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver: YOU AND FITGYAL 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 PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding.

Exceptions: Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Claims arising under consumer protection statutes that prohibit pre-dispute arbitration agreements are also excluded.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to support@fitgyal.us within 30 days of first accepting these Terms. Your notice must include your name, account username, email address, and a clear statement that you wish to opt out of this arbitration agreement.

Termination by you: You may terminate your account at any time by deleting your account through the Service settings or by contacting support@fitgyal.us. Upon termination, your right to use the Service will immediately cease.

Termination by FITGYAL: FITGYAL may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include, but are not limited to: violation of these Terms, fraudulent or illegal activity, extended periods of inactivity, or discontinuation of the Service.

Effect of termination: Upon termination:

• All rights and licenses granted to you under these Terms will immediately terminate;
• All FitCoins in your account will be forfeited without compensation;
• Any active Thinfluencer subscription will be canceled without refund for the remaining period (except where required by law);
• All sweepstakes entries will be voided;
• FITGYAL may delete your User Content, although some data may be retained as required by law or for legitimate business purposes.

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

FITGYAL reserves the right to modify, amend, or update these Terms at any time and at our sole discretion. When we make material changes, we will:

• Update the “Last updated” date at the top of these Terms;
• Notify you via email, in-app notification, or push notification (if enabled) at least 30 days before the changes take effect;
• Post the updated Terms on our website at fitgyal.us.

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and delete your account.

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

• Company: FITGYAL
• Email: support@fitgyal.us
• Website: https://fitgyal.us