Terms of Service

1. Acceptance of Terms

By accessing or using FitCircle ("the Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms constitute a legally binding agreement between you and FitCircle. By creating an account, participating in challenges, or using any feature of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Service

FitCircle is a social weight loss and fitness platform that enables users to participate in accountability-based challenges and competitions. Our Service provides:

• Weight loss challenges with monetary stakes and prize pools
• Team-based fitness competitions
• Daily progress tracking (weight, steps, mood, energy)
• Social features including FitCircles (friend groups with shared goals)
• Leaderboards, achievement systems, and gamification
• Progress analytics and trend visualization
• Photo-based accountability check-ins

3. Eligibility

You must meet the following requirements to use FitCircle:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Reside in a jurisdiction where the Service is available

By using the Service, you represent and warrant that you meet all eligibility requirements.

4. User Accounts

To use FitCircle, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account
• Not share your account credentials with anyone
• Not create multiple accounts to manipulate challenges or circumvent restrictions

You are solely responsible for any loss or damage arising from your failure to maintain account security. FitCircle reserves the right to suspend or terminate accounts that violate these Terms.

5. Challenges and Competitions

5.1 Challenge Participation

When you join a challenge, you agree to:

• Abide by the specific rules and requirements of that challenge
• Provide accurate and truthful data for all check-ins and submissions
• Complete required check-ins by the specified deadlines
• Pay any entry fees or stakes associated with the challenge
• Accept the challenge creator's decisions regarding rule interpretation

5.2 Challenge Stakes and Prize Pools

Some challenges involve monetary stakes where participants contribute to a prize pool:

• Stakes are collected at the time of joining the challenge
• Prize pools are distributed to winners according to challenge rules
• Entry fees are non-refundable once a challenge begins
• FitCircle may charge a platform fee (clearly disclosed before joining)
• Prize distribution occurs within 14 days of challenge completion
• Winners must have valid payment information on file to receive prizes

5.3 Fair Play and Integrity

FitCircle is built on trust and accountability. You must not:

• Falsify weight, steps, or other health data
• Submit manipulated or fraudulent photos
• Use another person's data or photos
• Collude with other participants to manipulate outcomes
• Employ any artificial means to gain unfair advantage

Violations may result in disqualification, forfeiture of stakes and prizes, account suspension, and legal action. FitCircle reserves the right to investigate suspected violations and make final determinations regarding fair play.

5.4 Challenge Cancellation

FitCircle reserves the right to cancel any challenge if:

• Minimum participation requirements are not met
• Technical issues prevent fair competition
• Violations of fair play are detected
• Required by law or regulation

In the event of cancellation, entry fees will be refunded to participants.

6. Data Accuracy and User Responsibility

You are solely responsible for the accuracy of all data you submit to FitCircle, including:

• Weight measurements
• Step counts
• Photos and progress images
• Personal health information
• Any other data entered into the Service

FitCircle does not verify the accuracy of user-submitted data. You acknowledge that other participants rely on the truthfulness of your submissions, and falsifying data violates both these Terms and the trust of the community.

7. User Content

You retain ownership of all content you post on FitCircle, including photos, comments, and profile information ("User Content"). However, by posting User Content, you grant FitCircle a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and FitCircle's business operations.

You represent and warrant that:

• You own or have the necessary rights to all User Content you post
• Your User Content does not violate any third-party rights
• Your User Content complies with these Terms and applicable laws

FitCircle reserves the right to remove any User Content that violates these Terms or that we deem inappropriate, offensive, or harmful.

8. Prohibited Uses

You may not use FitCircle to:

• Violate any applicable laws or regulations
• Harass, abuse, threaten, or intimidate other users
• Post false, misleading, or fraudulent information
• Impersonate any person or entity
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service's functionality
• Use automated scripts, bots, or scrapers to access the Service
• Collect or harvest user information without consent
• Post content that is obscene, defamatory, or hateful
• Promote illegal activities or substances
• Infringe on intellectual property rights
• Transmit viruses, malware, or other harmful code
• Create multiple accounts to manipulate challenges or game the system

9. Health and Medical Disclaimer

IMPORTANT: PLEASE READ CAREFULLY

FitCircle is NOT a medical device, healthcare provider, or substitute for professional medical advice, diagnosis, or treatment. The Service is designed for general fitness and wellness purposes only.

You should consult with a qualified healthcare provider before:

• Beginning any weight loss program or fitness challenge
• Making significant changes to your diet or exercise routine
• Participating in challenges if you have pre-existing medical conditions
• Using FitCircle if you are pregnant, nursing, or have an eating disorder

FitCircle explicitly disclaims any responsibility for:

• Health outcomes resulting from your use of the Service
• Injuries or health complications arising from challenge participation
• The accuracy or completeness of any health-related information on the Service
• Any advice, recommendations, or suggestions provided by other users

If you experience any adverse health effects while using FitCircle, discontinue use immediately and consult a healthcare professional.

10. Privacy and Data Protection

Your use of the Service is governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using FitCircle, you consent to our data practices as described in the Privacy Policy.

Please note that health and fitness data you share may be visible to other participants in your challenges and FitCircles, as determined by your privacy settings and the nature of the challenges you join.

11. Payments and Billing

11.1 Payment Methods

You must provide valid payment information to participate in challenges with monetary stakes or to purchase subscriptions. By providing payment information, you authorize FitCircle to charge your payment method for applicable fees.

11.2 Subscriptions

FitCircle may offer subscription plans with recurring fees:

• Subscription fees are billed in advance on a monthly or annual basis
• Subscriptions automatically renew unless cancelled
• You may cancel your subscription at any time through your account settings
• Cancellations take effect at the end of the current billing period
• No refunds are provided for partial subscription periods
• We will notify you at least 30 days in advance of any price changes

11.3 Challenge Entry Fees

Entry fees for challenges are:

• Non-refundable once the challenge begins
• Clearly displayed before joining
• Collected immediately upon joining
• Subject to FitCircle's platform fee (disclosed before payment)

11.4 Prize Distribution

Prize winnings are distributed according to challenge rules and the following conditions:

• Winners must have valid payment information on file
• Prizes are distributed within 14 days of challenge completion
• Tax obligations are the responsibility of prize recipients
• FitCircle may withhold prizes if fraud or violations are suspected

11.5 Refund Policy

All fees are non-refundable except in the following circumstances:

• Challenge is cancelled by FitCircle before it begins
• Technical errors prevent you from participating
• As required by applicable law

12. Intellectual Property

The Service and its original content, features, functionality, and design are owned by FitCircle and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer or decompile any aspect of the Service
• Remove or alter any copyright, trademark, or proprietary notices
• Use FitCircle's name, logo, or trademarks without written permission

13. Third-Party Services

FitCircle may integrate with third-party services (such as fitness trackers, payment processors, or social media platforms). Your use of these third-party services is subject to their respective terms and privacy policies. FitCircle is not responsible for the practices of third-party services.

14. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

FitCircle disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the results or outcomes from using the Service

You use FitCircle at your own risk. We do not guarantee any specific results from challenge participation.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

FitCircle, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or use
• Personal injury or property damage
• Health complications or medical expenses
• Emotional distress
• Loss of business opportunity
• Cost of substitute services

This limitation applies regardless of the legal theory (contract, tort, negligence, or otherwise) and even if FitCircle has been advised of the possibility of such damages.

IN NO EVENT SHALL FITCIRCLE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FITCIRCLE IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100.

Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply to you.

16. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your User Content
• Your violation of any rights of another person or entity
• Your participation in challenges

17. Account Termination

17.1 Termination by You

You may terminate your account at any time through your account settings. Upon termination:

• You will lose access to the Service
• Your data may be deleted (subject to legal retention requirements)
• You will remain responsible for completing any active challenges
• No refunds will be provided for subscription fees or challenge entry fees

17.2 Termination by FitCircle

FitCircle may suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent or deceptive behavior
• Harmful conduct toward other users
• Non-payment of fees
• Extended periods of inactivity
• Any reason we deem necessary to protect the Service or our users

Upon termination for violations, you may forfeit any prizes, stakes, or subscription benefits.

18. Dispute Resolution

18.1 Informal Resolution

If you have any dispute with FitCircle, you agree to first contact us at support@fitcircle.ai to attempt to resolve the dispute informally. We will work in good faith to resolve disputes.

18.2 Arbitration Agreement

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if they qualify.

The arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator's decision will be final and binding.

18.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. You waive any right to participate in a class action lawsuit or class-wide arbitration against FitCircle.

19. Governing Law and Jurisdiction

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

Any legal action or proceeding (excluding arbitration) shall be brought exclusively in the federal or state courts located in Delaware, and you consent to personal jurisdiction in those courts.

20. Changes 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 the Service
• Sending an email to your registered email address
• Displaying a prominent notice within the Service

Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may terminate your account.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and FitCircle regarding the Service and supersede all prior agreements and understandings, whether written or oral.

23. Contact Information

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

Email: support@fitcircle.ai

We typically respond to inquiries within 2-3 business days.