1. Introduction

Welcome to Fit So Well! These Terms of Service ("Terms") govern your use of the Fit So Well mobile application, website, and related services (collectively, the "Platform") operated by Fit So Well, Inc. ("Fit So Well," "we," "our," or "us").

Fit So Well is a platform designed to connect individuals for sports, games, and recreational activities. Our mission is to help people find teammates, opponents, and communities for shared activities. Fit So Well is NOT a dating service and may NOT be used for romantic or sexual purposes.

By accessing or using the Platform, you enter into a legally binding agreement with Fit So Well. If you do not agree to these Terms in their entirety, you may not access or use the Platform.

1.1 Definitions

Throughout these Terms, the following definitions apply:

• "Platform" refers to the Fit So Well website, mobile application, and all related services, features, and content.
• "User," "you," "your" refers to any individual who accesses or uses the Platform.
• "Content" refers to any information, text, images, photos, messages, or other materials posted, uploaded, or shared on the Platform.
• "User Content" refers to Content that you or other Users post, upload, or share.
• "Services" refers to all features and functionality offered through the Platform.

2. Eligibility

By using the Platform, you represent and warrant that:

1. You are at least 18 years of age. Fit So Well is strictly for adults. Individuals under the age of 18 are prohibited from using the Platform.
2. You have the full power and authority to enter into these Terms. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization.
3. You have not been previously suspended or removed from the Platform. If your account has been terminated by Fit So Well, you may not create a new account without our express written permission.
4. Your use of the Platform will comply with all applicable laws and regulations. This includes local, state, federal, and international laws.
5. You are not located in a country that is subject to U.S. trade sanctions or embargoes.

3. Account Registration

3.1 Creating an Account

To access certain features of the Platform, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information about yourself
• Maintain and promptly update your account information to keep it accurate
• Not impersonate any person or entity or misrepresent your identity
• Not use a username that is offensive, vulgar, or infringes on anyone's rights

3.2 Account Security

You are responsible for:

• Safeguarding your account credentials. Keep your password confidential and do not share your login information with anyone.
• All activities that occur under your account. Whether or not you authorized the activity, you are responsible for it.
• Notifying us immediately of any unauthorized use of your account or any other security breach.

Fit So Well is not liable for any loss or damage arising from your failure to protect your account security.

3.3 Account Types

Fit So Well offers the following account types:

We reserve the right to modify account features and pricing at any time with reasonable notice to affected users.

4. User Conduct and Prohibited Activities

Fit So Well is a community for sports, games, and recreational activities. To maintain a safe and respectful environment, you agree NOT to engage in the following prohibited activities:

4.1 Dating and Romantic Use (STRICTLY PROHIBITED)

Examples of prohibited romantic/dating use include:

• Sending messages with romantic or sexual content
• Using profile information to seek dates or relationships
• Asking other users for romantic meetings
• Creating events or games as a pretext for dating
• Discussing romantic or sexual topics in messages
• Using the Platform to solicit romantic partners

4.2 Harassment and Abuse

• Harassment: Bullying, threatening, intimidating, or stalking any user
• Hate speech: Content that promotes discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Personal attacks: Insults, derogatory comments, or targeted harassment
• Doxxing: Sharing another person's private information without consent

4.3 Inappropriate Content

• Explicit material: Nudity, sexual content, or sexually suggestive material
• Violent content: Graphic violence, threats of violence, or content promoting self-harm
• Illegal content: Content that promotes or facilitates illegal activities
• Misinformation: Knowingly false or misleading information

4.4 Deceptive Practices

• Impersonation: Pretending to be another person, organization, or public figure
• False information: Providing false profile information or lying about skills, experience, or identity
• Scams: Attempting to defraud or deceive other users
• Fake accounts: Creating multiple accounts or using bots to manipulate the Platform

4.5 Commercial Use

• Unauthorized advertising: Promoting products, services, or businesses without permission
• Solicitation: Asking other users for money, donations, or financial favors
• Spam: Sending unsolicited bulk messages or repetitive content
• Multi-level marketing: Recruiting for pyramid schemes or MLM businesses

4.6 Technical Abuse

• Scraping: Using automated tools to collect data from the Platform
• Reverse engineering: Attempting to decompile, reverse engineer, or hack the Platform
• Interference: Disrupting the Platform's operation or interfering with other users' access
• Malware: Transmitting viruses, worms, or malicious code

4.7 Reporting Violations

If you encounter any user violating these Terms, please report them immediately:

• In-app reporting: Use the "Report" feature on user profiles or messages
• Email: abuse@fitso well.com
• Emergency: If you feel physically threatened, contact local law enforcement immediately

We review all reports and take appropriate action, which may include warnings, temporary suspensions, permanent bans, or legal action.

5. In-Person Meetings and Safety

5.1 Assumption of Risk

You acknowledge that:

• In-person activities involve inherent risks, including physical injury, property damage, and other dangers
• You are voluntarily participating in these activities and assume all associated risks
• Fit So Well is not responsible for any injuries, damages, or losses resulting from in-person meetings
• You should ensure you have appropriate insurance coverage for your activities

5.2 Safety Guidelines

We strongly recommend following these safety practices:

Before Meeting:

• Communicate through the Platform's messaging system (don't share personal contact info immediately)
• Verify the other person's identity through video chat or social media
• Research the person (they exist, they're who they say they are)
• Tell a friend or family member where you're going and who you're meeting
• Choose public, well-lit locations for first meetings

During Meeting:

• Meet in public places (parks, recreation centers, cafes) for initial meetings
• Keep your phone charged and accessible
• Trust your instincts—if something feels wrong, leave immediately
• Stay sober and aware of your surroundings
• Have a plan for getting home independently

After Meeting:

• Report any concerning behavior through the Platform
• Block users who make you uncomfortable
• Provide feedback to help the community stay safe

5.3 Release and Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND HOLD HARMLESS FIT SO WELL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR INTERACTIONS WITH OTHER USERS OR YOUR PARTICIPATION IN IN-PERSON ACTIVITIES.

If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

6. User Content

6.1 Ownership

You retain all ownership rights to the content you post on the Platform. Fit So Well does not claim ownership over your User Content.

6.2 License to Fit So Well

By posting User Content, you grant Fit So Well a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display such Content for the purpose of operating, providing, improving, and promoting the Platform. This license continues even after you stop using the Platform, but only for so long as your Content remains on the Platform.

6.3 Representations and Warranties

You represent and warrant that:

• You own your User Content or have the necessary rights to post it
• Your User Content does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights
• Your User Content complies with these Terms and all applicable laws

6.4 Content Moderation

Fit So Well has the right (but not the obligation) to:

• Monitor User Content for violations of these Terms
• Remove or refuse to post any User Content for any reason or no reason
• Take any action with respect to User Content that we deem necessary or appropriate

We are not responsible for any failure or delay in removing User Content.

7. Intellectual Property Rights

7.1 Fit So Well's IP

The Platform, including its code, design, layout, graphics, logos, and trademarks, is owned by Fit So Well and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or create derivative works of the Platform
• Use Fit So Well's trademarks without written permission
• Remove any copyright or proprietary notices
• Reverse engineer or decompile the Platform

7.2 Copyright Infringement

Fit So Well respects intellectual property rights. If you believe your copyrighted work has been infringed, please contact our Copyright Agent:

Your notice should include:

• Identification of the copyrighted work claimed to be infringed
• Identification of the material that is claimed to be infringing
• Your contact information
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act

8. Premium Services and Payments

8.1 Fees

Certain features of the Platform require payment of fees ("Premium Services"). All fees are non-refundable except as expressly provided in these Terms or required by law.

8.2 Subscriptions

Premium Services may be offered on a subscription basis. Subscription terms include:

• Auto-renewal: Subscriptions automatically renew at the end of each term unless cancelled before the renewal date
• Cancellation: You may cancel your subscription through your account settings or by contacting support
• No refunds: Fees for partial months are non-refundable
• Price changes: We may change subscription fees with 30 days' notice

8.3 Payment Processing

Payments are processed by third-party payment processors (e.g., Stripe, Apple App Store, Google Play). By making a payment, you agree to the terms of these processors. Fit So Well does not store your payment information.

8.4 Taxes

You are responsible for all taxes associated with your purchase. If Fit So Well is required to collect taxes, they will be added to your purchase amount.

9. Termination

9.1 Termination by You

You may terminate your account at any time by:

• Using the "Delete Account" feature in your settings
• Emailing support@fitso well.com with your request

9.2 Termination by Fit So Well

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including:

• Violation of these Terms (especially dating/romantic use)
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Inactivity for an extended period
• To protect the safety or integrity of the Platform

9.3 Effect of Termination

Upon termination:

• Your right to access the Platform immediately ceases
• We may delete your User Content and account information
• Sections that by their nature should survive (including intellectual property, indemnification, disclaimer of warranties, and limitation of liability) will continue
• No refunds will be issued for prepaid fees

10. Disclaimers and Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIT SO WELL DISCLAIMS ALL WARRANTIES, INCLUDING:

• Implied warranties: Merchantability, fitness for a particular purpose, title, and non-infringement
• Availability: That the Platform will be uninterrupted, secure, or error-free
• Accuracy: That any content, including user profiles, is accurate or reliable
• Safety: That user interactions will be safe or that we can verify user identities
• Compatibility: That the Platform will be compatible with your devices or software

No advice or information obtained from Fit So Well or through the Platform creates any warranty not expressly stated in these Terms.

11. Limitation of Liability

This limitation applies to all claims, whether based on warranty, contract, tort (including negligence), or any other legal theory, and even if Fit So Well has been advised of the possibility of such damages.

11.1 Cap on Liability

IN NO EVENT SHALL FIT SO WELL'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO FIT SO WELL IN THE 12 MONTHS PRECEDING THE CLAIM, OR
• $100 (ONE HUNDRED DOLLARS)

11.2 Applicability

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. If you reside in such a jurisdiction, some of the above limitations may not apply to you.

12. Indemnification

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

• Your use of the Platform
• Your User Content
• Your violation of these Terms
• Your interactions with other users
• Your violation of any third-party rights, including intellectual property or privacy rights

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Informal Resolution

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at legal@fitso well.com. We will attempt to resolve the dispute within 30 days. If the dispute is not resolved, you may pursue formal proceedings.

13.3 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Fit So Well agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration, rather than in court, except that:

• You may assert claims in small claims court if your claims qualify
• Either party may seek injunctive or equitable relief in court to protect intellectual property rights or to prevent harassment

13.4 Arbitration Rules

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in San Francisco County, California, unless you and we agree otherwise.

13.5 Class Action Waiver

YOU AND FIT SO WELL 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.

13.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@fitso well.com within 30 days of first accepting these Terms, stating your name and intent to opt out.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and Fit So Well regarding your use of the Platform.

14.2 Waiver and Severability

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

14.4 Notices

We may provide notices to you through the Platform or by email to the address associated with your account. You may provide notices to us at legal@fitso well.com or at our mailing address.

14.5 Force Majeure

We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, terrorism, war, government actions, or internet disruptions.

15. Modifications to Terms

We may modify these Terms at any time. When we make material changes, we will provide notice through the Platform or by email. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Platform and delete your account before the changes take effect.

16. Contact Information

If you have questions about these Terms, please contact us at:

16.1 EU Representative

For users in the European Union, our EU representative is:

EU-REP GmbH
Attn: Fit So Well
Example Street 123
10115 Berlin, Germany
Email: eu-representative@fitso well.com

17. Acknowledgment