Terms of Service

1. Acceptance of These Terms

These Terms of Service (“Terms”) are a binding agreement between you and Spotter, operated by Stefan Stoyanovich (“we”, “us”, “our”) that govern your use of the Spotter mobile application and related services (collectively, the “Service”).

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not create an account and do not use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may only use the Service with the involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf.

You must also have the legal capacity to enter into a binding agreement and not be barred from receiving the Service under the laws of your jurisdiction.

3. Health and Fitness Disclaimer

Exercise carries an inherent risk of injury. By using the Service, you acknowledge and agree that you participate in any workout, exercise, or activity tracked or suggested through the Service entirely at your own risk. You are solely responsible for choosing exercises and weights appropriate to your fitness level, for using proper form, and for stopping immediately if you experience pain, dizziness, shortness of breath, or any other symptom of distress.

Information shown in the Service (including exercise demonstrations, suggested rest periods, and progress metrics) is provided for general informational purposes only and is not personalized medical or fitness advice.

3a. AI-Generated Workouts

The Service includes an optional feature that uses artificial intelligence (AI) to generate personalized workout suggestions based on your input. AI-generated content is provided "as is" for informational and motivational purposes only and is not a guarantee of workout effectiveness, safety, or suitability for your goals.

Important limitations: AI-generated workouts may contain errors, may not be appropriate for your fitness level or any medical conditions you have, and should always be reviewed and adapted by you before execution. You are solely responsible for evaluating whether any AI-generated workout is safe and suitable for you. We are not liable for any injury, ineffectiveness, or other harm resulting from the use of an AI-generated workout.

We do not store or use your AI generation requests or the workouts generated for you to train or improve our AI models beyond what is necessary to provide the Service to you.

AI workout generation is subject to rate limiting. Each user is limited to a set number of AI-generated workouts per day. If you exceed this limit, you will not be able to generate additional workouts until the limit resets.

4. Your Account

You agree to provide accurate, current, and complete information when creating your account and to keep it updated. You are responsible for safeguarding your password and for all activity that occurs under your account.

Notify us immediately at [contact@workoutspotter.com] if you suspect any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to keep your credentials secure.

You may not create an account using another person's identity or share your account with anyone else.

5. Acceptable Use

You agree not to misuse the Service. In particular, you will not:

• Violate any applicable law, regulation, or third-party right while using the Service.
• Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or otherwise objectionable.
• Impersonate any person or entity or misrepresent your affiliation with a person or entity.
• Send unsolicited messages or use the Service to spam, harass, or stalk other users (including through friend requests or social features).
• Attempt to gain unauthorized access to the Service, other users' accounts, or any related systems or networks (including by probing, scanning, reverse engineering, or testing the vulnerability of any system).
• Interfere with or disrupt the Service, including by introducing viruses, malware, or other harmful code, or by overloading our infrastructure.
• Use bots, scrapers, or other automated means to access or extract data from the Service without our prior written permission.
• Use the Service to develop a competing product or to train machine-learning models on data extracted from it.
• Remove, obscure, or alter any proprietary notices or branding contained in the Service.

We may investigate and take appropriate action against any conduct we believe in good faith violates these Terms, including removing content and suspending or terminating accounts.

6. User Content

"User Content" means any content you create, upload, or store through the Service — for example, your profile picture, workout logs, custom workouts and templates, exercise notes, push-up and bodyweight entries, and any other information you record. You retain all ownership rights you have in your User Content.

You grant Spotter, operated by Stefan Stoyanovich a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and use your User Content solely as necessary to operate, secure, support, and improve the Service for you and (where applicable) for friends you have connected with. This license terminates when you delete the User Content or your account, except to the extent we are legally required to retain backups for a limited period.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate any law or any third party's rights.

6a. Workout Stats and Analytics

The Service calculates and displays statistics and analytics based on your workout data, including (but not limited to) total volume lifted, personal records, weekly volume breakdowns, muscle group distribution, workout streaks, and exercise frequency. These stats are derived from your User Content and are intended to help you track progress and identify patterns in your training.

Stats are approximate and should not be relied upon as a substitute for professional assessment of your fitness progress or training effectiveness.

7. Friends and Social Features

The Service includes social features that allow you to connect with other users as friends and share aspects of your fitness activity with them. By accepting a friend request, you agree that the friend can see the information the Service surfaces in friends-facing features (for example, your name, profile picture, and certain workout activity).

You can remove a friend at any time. You are responsible for who you choose to connect with and for the content you make visible to them.

8. Intellectual Property

The Service, including its software, design, graphics, logos, text, exercise content, and other materials (other than User Content), is owned by Spotter, operated by Stefan Stoyanovich or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the app on devices you own or control, solely for your personal, non-commercial use of the Service. All rights not expressly granted are reserved.

9. Feedback

If you send us feedback, suggestions, or ideas about the Service, you agree that we may use them without restriction or compensation to you. You waive any rights that would prevent us from doing so.

10. Privacy

Our collection and use of your personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Please review it so you understand our practices.

11. Third-Party Services and Links

The Service may rely on third-party infrastructure (such as hosting and email delivery) and may contain links to third-party websites or resources. We are not responsible for the availability, accuracy, content, or practices of any third party, and your use of any third-party service is governed by that third party's own terms and privacy policy.

12. Termination

You may stop using the Service at any time and delete your account from within the app or by contacting us at [contact@workoutspotter.com].

We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, if your account poses a security or legal risk, or if we are required to do so by law. We may also discontinue the Service, in whole or in part, at any time.

Sections that by their nature should survive termination (including User Content license to the extent of pre-existing copies, intellectual-property provisions, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution) will survive termination.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. ANY EXERCISE-RELATED CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEDICAL ADVICE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTTER, OPERATED BY STEFAN STOYANOVICH, ITS AFFILIATES, OR ITS LICENSORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, ANY USER CONTENT, OR ANY EXERCISE-RELATED INJURY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

15. Assumption of Risk and Release

You acknowledge the inherent risks of physical exercise. To the fullest extent permitted by law, you assume all risk of injury, illness, or harm arising from any workout, exercise, or activity you perform in connection with the Service, and you release Spotter, operated by Stefan Stoyanovich from any and all claims arising out of such activity.

16. Indemnification

You agree to defend, indemnify, and hold harmless Spotter, operated by Stefan Stoyanovich and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Service, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any law or third-party right.

17. Changes to the Service

We are continually improving the Service. We may add, change, suspend, or discontinue features at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you in the app or by email before the changes take effect and update the "Effective" date at the top of this document. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and may delete your account.

19. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to them or to the Service are governed by the laws of State of California, USA, without regard to its conflict-of-laws principles.

You and Spotter, operated by Stefan Stoyanovich agree that the state and federal courts located in Los Angeles County, California will have exclusive jurisdiction over any dispute that is not subject to mandatory arbitration or small-claims procedures, and you consent to the personal jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

20. Accessibility

Spotter, operated by Stefan Stoyanovich is committed to ensuring that the Spotter mobile app and website are accessible to people with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards and applicable accessibility laws, including the Americans with Disabilities Act (ADA) and the California Unruh Civil Rights Act.

If you encounter any accessibility barriers or have accessibility-related questions or suggestions, please contact us at [contact@workoutspotter.com]. We will review your feedback and work to address accessibility issues in a timely manner.

21. App Store Terms

If you downloaded the app from the Apple App Store or Google Play, your use of the app is also subject to the applicable app-store terms. The Apple App Store and Google Play are not parties to these Terms, are not responsible for the app or its content, and have no obligation to provide any support or maintenance for the app. To the extent of any conflict between these Terms and the applicable app-store terms regarding your use of the app, the app-store terms govern only as required by them.

22. Miscellaneous

These Terms, together with the Privacy Policy and any other policies or notices we publish, constitute the entire agreement between you and Spotter, operated by Stefan Stoyanovich concerning the Service and supersede any prior agreements on the same subject.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later.

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

Headings are for convenience only and do not affect interpretation.

23. Contact Us

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

• Email: [contact@workoutspotter.com]
• Website: [https://workoutspotter.com]
• Operated by: Spotter, operated by Stefan Stoyanovich