Terms of Use

Groupie Fitness Apps LLC

Date: June 26th, 2023

FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS OF USE (“Terms”, “Terms of Use”, or “Agreement”) CAREFULLY BEFORE USING ANY OF OUR APPS OR SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US.

Welcome and thank you for using a service provided by Groupie Fitness Apps LLC or its subsidiaries or affiliates (“GROUPIE,” “we,” “us,” or “our”). These Terms of Use are a legally binding agreement between you and GROUPIE and govern your use of our online, digital, or mobile services, including our websites, software, applications, apps, and any of our other products and services in connection with which these Terms of Use are posted or from which they are linked (collectively, the “Service”).

Certain aspects of the Service may be subject to additional terms and conditions, which may include, among other things, age requirements, codes of conduct, and in-app payment or subscription terms (collectively, “Additional Terms”). When Additional Terms are made available in connection with any aspect of the Service, those Additional Terms also apply to your use of that aspect of the Service and control in the event of a conflict with these Terms.

By accessing or using the Service, you agree to be bound by these Terms and any applicable Additional Terms and acknowledge our collection and use of your information as described in our Privacy Policy applicable to the Service.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ADDITIONAL TERMS, DO NOT ACCESS OR USE THE SERVICE.

1. Changes to these Terms

We reserve the right to modify these Terms, from time to time, at our sole discretion. You agree that we may notify you of modified terms or policies by posting them on the Service, and agree that your continued use of the Service after such notice constitutes your agreement to the modified terms, which will govern your ongoing use of the Service. Thus, you should review the posted Terms of Use and applicable Additional Terms each time you use the Service. Any modifications to these Terms will supersede the prior version for all activity occurring after the revised version has been made available.

2. Your Representations
By accessing, previewing, or otherwise using the Service in any manner, you represent and warrant that you have the sufficient legal capacity to enter into this Agreement or, if you lack such capacity (for instance, if you are a minor), that you have obtained parental or guardian consent to do so. You represent and warrant that you have read, understand, and agree to abide by these Terms and any applicable Additional Terms, and that you have read and understand the data collection and use practices set forth in the Privacy Policy.

3. Use of Our Services

GROUPIE a cutting-edge collection of fitness apps that revolutionizes your workout experience. Utilizing advanced gamification techniques, the GROUPIE app transform raw data from your heart rate into a captivating and interactive experience. Turn your workout into an adventure with GROUPIE, where we believe that fitness should be more than just breaking a sweat - it should be thrilling, rewarding, and, most importantly, fun!

GROUPIE grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable license to access, view, and use the Service for your personal, non-commercial use solely as provided by these Terms and as expressly permitted by the features and functionality of the Service, subject to your complete compliance with these Terms of Use and all applicable Additional Terms. You must be at least 13 years old to access or use our Services. If you are under the age of 18, you affirm that you have obtained parental consent to use our apps.

2. Intellectual Property

At Groupie Fitness Apps LLC, we value and respect intellectual property rights, both our own and those of others. We've put significant effort into creating our innovative fitness applications and we expect that users and third parties will respect our intellectual property rights including, but not limited to graphics, designs, software code, and trademarks.

Similarly, we are committed to respecting the intellectual property rights of others. If you believe that your intellectual property rights have been infringed by any content on our app, please contact us at support@groupiefitness.com.

3. Mobile Devices
You are solely responsible for all charges from your wireless provider including any data and messaging fees that you may incur while using our apps or services.

4. Paid Services
Certain aspects of the Service may require payments. If you use those aspects of the Service, you agree to the applicable pricing and payment terms. Such terms will be displayed in connection with that aspect of the Service requiring payment. GROUPIE may update pricing and payment terms at any time and in its sole discretion, with any changes to subscription fees taking effect upon the conclusion of your current subscription term unless otherwise specified. The transaction is with the specific GROUPIE entity identified by the aspect of the Service used to make the purchase. All payment transactions are administered by a third-party payment processor or third-party store (for example, Apple App Store). GROUPIE expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third party’s handling of the transaction. GROUPIE is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors.

All purchases are final and no refunds are available unless otherwise specified in applicable Additional Terms, including where your account is terminated or suspended preventing your access to paid aspects of the Service, such as any remaining subscription terms. Unless otherwise specified, subscriptions may renew automatically for up to the initial subscription term at a rate not exceeding the rate for the prior subscription period. If you sign up for a free trial subscription (if available), you will be automatically billed at the then-current rate at the conclusion of the free trial. You may cancel any automatically renewing subscription by using that aspect of the Service you used to set up your subscription unless another cancellation method is specified in applicable Additional Terms.

The name and contact information of the service provider is set forth herein in conformance with Cal. Civ. Code § 1789.3. If you are a California resident, you may report any complaints to the Consumer Information Division of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

5. International Use
We make no representation that every aspect of our Service is appropriate or available for use in any particular jurisdiction. When you choose to access and use the Service, you agree that:

you do so on your own initiative and at your own risk;
you will not use the Service if you are prohibited from receiving products, services, or software originating from the United States;
you are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable; and
you specifically agree to comply with all applicable laws and regulations concerning the transmission of technical data exported from the country in which you reside.

If there is a conflict between any of the terms herein and your rights in your place of residence, your rights under applicable law will control those specific terms.

6. User Conduct

You agree to use our apps in compliance with applicable laws and regulations. You may not engage in any activity that disrupts or interferes with the functioning of our apps, including but not limited to hacking, transmitting viruses, or engaging in any form of cheating or misconduct. You are responsible for any content you submit or share through our apps, ensuring it does not infringe upon the rights of others or violate any laws.

7. No Medical Advice

GROUPIE is not a healthcare or medical device provider, nor should our App be considered medical advice. Only your physician or other healthcare provider can do that. While the App may provide information that may assist you in your personal fitness goals, you should always consult with a doctor before embarking on any new fitness regimen. The App and its health-related information and resources are not intended and must not be taken as the rendering of medical, professional, or other advice or services, or as a substitute for professional medical or health advice, diagnosis, or treatment.

8. Assumption of Risk

You expressly acknowledge and agree that your access, use and/or involvement with the App may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, and/or loss or damage to personal property. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless GROUPIE from and against all claims, suits, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with the App.

9. Heart Rate Data Reliability

You acknowledge that errors, omissions, delays, and inaccuracies could exist in the heart rate information, data, and/or any other information provided or used by the App, due to issues relating to the heart rate sensor device, errors in the software, or other factors. You acknowledge that GROUPIE is not responsible for such errors, omissions, delays, or inaccuracies and that your reliance on or use of such heart rate information, data, and/or any other information provided or used by the App is at your sole risk.

10. Privacy

Our Privacy Policy explains how we collect, use, and protect your personal information. By using our apps, you consent to the collection and use of your information as described in the Privacy Policy.

11. Termination

GROUPIE reserves the right to terminate or suspend your access to our apps at any time, without prior notice or liability, for any reason, including violation of these terms. No refunds will be given for terminated or suspended access.

12. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS” AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GROUPIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GROUPIE DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GROUPIE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, PLATFORM, OR SERVICE LINKED TO THE SERVICE, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, VALIDITY, PROPRIETY, RELIABILITY, LEGALITY, SECURITY OR OTHERWISE.

GROUPIE MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, OR SERVICE LINKED TO FROM THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS; AND GROUPIE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SERVICES, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY OTHER WEBSITE, APP, PLATFORM OR SERVICE LINKED TO THE SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

13. Limitation of Liability

GROUPIE DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE. IN NO EVENT WILL GROUPIE’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS EXCEED THE GREATER OF THE AMOUNT (IF ANY) PAID BY YOU TO GROUPIE IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO ALL ACTIONS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF GROUPIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

14. Indemnity
You agree to indemnify and hold harmless GROUPIE and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Service; (iii) your placement or transmission of any User Content onto the Service; (iv) any use of your Account in violation of this Agreement or your failure to fulfill any obligations incurred through the use of your Account by you or a third party; or (v) your willful misconduct.

15. Governing Law & Venue

This Agreement shall be governed by the laws of the State of California, without regard to conflict of law principles. Any dispute shall be brought in the appropriate state or federal court located in Los Angeles County, California; and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California for the adjudication of all non-arbitral claims.

16. No Waiver
No failure or delay by GROUPIE in exercising its rights under this Agreement will constitute a waiver of those rights, nor will any partial assertion of any such rights preclude further assertion of the same.

17. Severability
If any portion of this Agreement shall be unlawful, void, or for any reason unenforceable, then that portion shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions or portions thereof.

18. Survival
Any provision herein which by its nature contemplates your continued observance following termination of this Agreement will survive termination of this Agreement.

19. Entire Agreement
This Agreement, including any applicable Additional Terms, is the entire agreement between the parties relating to the matters contained herein.

20. Accessibility
We strive to make the content on this website usable by all visitors, including those with disabilities. If you are having difficulty using this website, with or without assistive technology, please contact us at support@groupiefitness.com. To enable us to respond in a manner most helpful to you, please indicate the nature of your difficulty using the website, the specific web address (URL link) at issue, and your full contact information, including your email address and phone number.

Thank you for helping us make your online experience more enjoyable.

21. Contact Us
If you have any questions or concerns regarding these Terms of Use, please contact us at support@groupiefitness.com.

By accessing or using our apps, you acknowledge that you have read, understood, and agreed to these Terms of Use.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.

Last updated: June 26th, 2023