TERMS OF SERVICE
Spotter Mobile Application
Last Updated: 1/17/26
1. ACCEPTANCE OF TERMS
By downloading, installing, or using the Spotter mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the App.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Spotter ("we," "us," or "our").
2. ELIGIBILITY
2.1 Age Requirement
You must be at least 13 years of age to use the App. If you are under 18, you must have your parent or legal guardian's permission to use the App.
2.2 Account Responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3. DESCRIPTION OF SERVICE
3.1 Fitness Platform
Spotter is a social fitness platform that allows users to:
- Track workouts and fitness progress
- Generate personalized workout plans
- Share fitness content and progress with other users
- Connect with the fitness community
- Access premium features through subscription
3.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the App at any time without prior notice.
4. USER ACCOUNTS AND REGISTRATION
4.1 Account Creation
To use certain features, you must create an account by providing accurate and complete information.
4.2 Account Security
You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized use
- Accept responsibility for all activities under your account
4.3 Account Termination
We reserve the right to terminate or suspend your account at any time for violation of these Terms.
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5. USER CONTENT AND CONDUCT
5.1 User-Generated Content
You may post workouts, progress photos, comments, and other content ("User Content"). You retain ownership of your User Content but grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your User Content in connection with the App.
5.2 Content Standards
You agree NOT to post content that:
- Is illegal, harmful, threatening, abusive, harassing, or defamatory
- Infringes on intellectual property rights
- Contains nudity, pornography, or sexually explicit material
- Promotes violence, discrimination, or illegal activities
- Contains spam, advertising, or promotional material
- Impersonates any person or entity
- Contains viruses or malicious code
5.3 Content Moderation
We reserve the right to remove any User Content that violates these Terms without prior notice. We may use automated and manual content moderation.
5.4 Prohibited Activities
You agree NOT to:
- Reverse engineer, decompile, or disassemble the App
- Use automated systems (bots) to access the App
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the App's functionality
- Harvest or collect user information
- Create multiple accounts to evade bans or restrictions
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Our Property
The App, including all content, features, functionality, source code, designs, logos, and trademarks, is owned by Spotter and is protected by copyright, trademark, and other intellectual property laws.
6.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.
6.3 Restrictions
You may not:
- Copy, modify, or create derivative works
- Distribute, sell, or transfer the App
- Remove copyright or proprietary notices
- Use the App for commercial purposes without permission
7. PRIVACY AND DATA COLLECTION
7.1 Privacy Policy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
7.2 Data Collection
We collect and process data including:
- Account information (email, username, profile picture)
- Workout data and fitness metrics
- Progress photos and measurements
- Device information and usage analytics
- Location data (if you enable location services)
7.3 Data Usage
We use your data to:
- Provide and improve the App
- Generate personalized workout recommendations
- Enable social features and community interactions
- Send notifications and updates
- Analyze usage patterns and performance
8. SUBSCRIPTIONS AND PAYMENTS
8.1 Premium Features
Some features require a paid subscription. Subscription details, pricing, and billing terms are presented at the time of purchase.
8.2 Payment Processing
Payments are processed through third-party payment processors (Google Play, Apple App Store, RevenueCat). Your payment information is subject to their terms and privacy policies.
8.3 Subscription Terms
Payments are processed through Apple App Store and Google Play Store using RevenueCat. Your payment information is subject to their terms and privacy policies. We do not store your payment card information.
8.3.1 Auto-Renewable Subscriptions
Spotter offers the following auto-renewable subscription plans:
- Monthly: $12.99 per month
- Quarterly: $29.99 per 3 months ($9.99/month - Save 17%)
- 6-Month: $54.99 per 6 months ($9.17/month - Save 28%)
- Annual: $95.99 per year ($7.99/month - Save 33%)
Subscription Terms:
- Payment will be charged to your Apple ID account at confirmation of purchase
- Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
- Your account will be charged for renewal within 24 hours prior to the end of the current period
- You can manage and cancel subscriptions through your App Store account settings
- Cancellation takes effect at the end of the current billing period
- No refunds for partial subscription periods
- Any unused portion of a free trial period will be forfeited when you purchase a subscription
8.4 Price Changes
We reserve the right to change subscription prices with advance notice. Price changes apply to subsequent billing periods.
8.5 Free Trials
Free trials may be offered at our discretion. If you don't cancel before the trial ends, you will be charged for the subscription.
9. DISCLAIMERS AND LIMITATIONS OF LIABILITY
9.1 Health and Fitness Disclaimer
THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT A PHYSICIAN BEFORE STARTING ANY FITNESS PROGRAM.
You acknowledge that:
- Physical exercise involves risk of injury
- You are responsible for your own health and safety
- We are not liable for any injuries or health issues resulting from use of the App
- Workout recommendations are general and may not be suitable for your individual circumstances
9.2 "AS IS" Basis
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Merchantability or fitness for a particular purpose
- Accuracy, reliability, or completeness of content
- Uninterrupted or error-free operation
- Security or virus-free operation
9.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:
- Indirect, incidental, consequential, or punitive damages
- Loss of profits, data, or business opportunities
- Personal injury or property damage
- Any damages exceeding the amount you paid us in the past 12 months
9.4 Third-Party Services
The App may integrate with third-party services (payment processors, analytics, etc.). We are not responsible for third-party services or their content.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Spotter, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including attorney fees) arising from:
- Your use of the App
- Your User Content
- Your violation of these Terms
- Your violation of any rights of another party
11. TERMINATION
11.1 Termination by You
You may terminate your account at any time by deleting the App and contacting us to request account deletion or by deleting the account in the ‘Settings’ tab of the app.
11.2 Termination by Us
We may terminate or suspend your access immediately, without notice, for:
- Violation of these Terms
- Fraudulent or illegal activities
- Abuse of other users
- Any reason at our sole discretion
11.3 Effect of Termination
Upon termination:
- Your right to use the App ceases immediately
- Your User Content may be deleted
- Subscription fees are non-refundable
- Provisions that should survive termination remain in effect
12. DISPUTE RESOLUTION
12.1 Governing Law
These Terms are governed by the laws of the United States, without regard to conflict of law principles.
12.2 Informal Resolution
Before filing a claim, you agree to contact us to attempt informal resolution.
12.3 Arbitration Agreement
Any disputes shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify.
12.4 Class Action Waiver
You agree to resolve disputes on an individual basis only, not as part of a class action or representative proceeding.
12.5 Jurisdiction
For any disputes not subject to arbitration, you agree to the exclusive jurisdiction of courts in Missouri.
13. GENERAL PROVISIONS
13.1 Entire Agreement
These Terms constitute the entire agreement between you and Spotter regarding the App and supersede all prior agreements.
13.2 Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting updated Terms in the App
- Sending notice to your registered email
- Displaying an in-app notification
Continued use of the App after changes constitutes acceptance of modified Terms.
13.3 Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
13.4 Waiver
Our failure to enforce any provision does not constitute a waiver of that provision.
13.5 Assignment
You may not assign these Terms. We may assign our rights and obligations without restriction.
13.6 No Partnership
These Terms do not create a partnership, agency, or employment relationship.
13.7 Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control.
14. CONTACT INFORMATION
For questions about these Terms or the App, contact us at:
Email: support@functionalmovementllc.com
15. SPECIAL PROVISIONS FOR CALIFORNIA RESIDENTS
If you are a California resident, you have the right to:
- Request disclosure of personal information collected
- Request deletion of personal information
- Opt-out of the sale of personal information (we do not sell personal information)
For California privacy rights, see our Privacy Policy.
16. CHILDREN'S PRIVACY
We do not knowingly collect personal information from children under 13. If you believe we have collected information from a child under 13, contact us immediately.
17. INTERNATIONAL USERS
The App is operated in the United States of America. If you access the App from outside the United States of America, you are responsible for compliance with local laws.