Workout Crew Terms of Service

Last Updated: January 21, 2025

Welcome to Workout Crew ("App," "we," "us," or "our"). The App provides a gym accountability service. By accessing or using the App, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.

1. ELIGIBILITY AND ACCOUNT

You must be at least 13 years old (or the legal age of digital consent in your jurisdiction, e.g., 16 in the EU) to create an account and use the App.

You are responsible for maintaining the confidentiality of your account credentials.
You must notify us immediately of any unauthorized use of your account.

2. YOUR CONTENT AND LICENSE

You retain all ownership rights to the workout check-in photos and other content you upload ("Your Content").

By uploading Your Content, you grant Workout Crew a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, display, and distribute Your Content solely for the purpose of operating, promoting, and improving the App and the services.

You warrant that Your Content is genuine, non-misleading, and does not violate any third-party rights. We reserve the right to remove any Content that violates these Terms.

3. PROHIBITED CONDUCT

You agree NOT to:

Upload fake, fraudulent, or substantially misleading check-in photos.
Upload or share illegal, hateful, obscene, or inappropriate content.
Harass, abuse, or engage in predatory behavior toward any other user.
Reverse engineer, hack, or use bots or automated tools to interact with the App.
Share private information of others without explicit consent.

4. ⚠️ IMPORTANT DISCLAIMERS & LIABILITY LIMITATION

4.1 NO MEDICAL ADVICE
The App provides accountability tracking only. It is NOT a substitute for professional medical or fitness advice. ALWAYS consult your doctor before beginning any exercise program. We are not liable for any injuries or health issues resulting from your use of the App.

4.2 DISCLAIMER OF WARRANTIES
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

4.3 LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Workout Crew BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP IS LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

5. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Workout Crew, its affiliates, and their respective officers, directors, and agents from and against any and all claims, liabilities, damages, and costs (including reasonable legal fees) arising from or related to your use of the App, Your Content, or your violation of these Terms.

6. TERMINATION AND GOVERNING LAW

Termination by You: You can delete your account at any time via the Profile screen.
Termination by Us: We may suspend or terminate your account if you violate these Terms, engage in illegal activity, or for other business reasons.
Governing Law: These Terms shall be governed by the laws of the State of California, without regard to its conflict of laws principles.

7. DISPUTE RESOLUTION (BINDING ARBITRATION)

You agree that any and all disputes arising out of or relating to these Terms or the App will be resolved by confidential, binding arbitration in San Francisco, California. The arbitration will be conducted under the commercial arbitration rules of the American Arbitration Association (AAA). YOU AND Workout Crew BOTH 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 PROCEEDING.

8. CHANGES TO TERMS & CONTACT

We may modify these Terms. We will notify you of material changes. Continued use of the App after a change means you accept the new Terms.