Terms of Service

These Terms of Service ("Terms") constitute a legal agreement between you ("you," "your," or "user") and Pltly ("Pltly," "we," "us," or "our") governing your access to and use of the Pltly mobile application, Apple Watch companion app, and all related services, features, and content (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Acceptance of Terms

1.1 Binding Agreement

By accessing or using Pltly, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

1.2 Privacy Policy

Our Privacy Policy (available at /privacy) explains how we collect, use, and protect your information. By using the Service, you also consent to our privacy practices.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through:

• Email notification to your registered address
• In-app notification
• Updated "Effective Date" at the top of this document

Continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree with changes, you must discontinue use and may delete your account.

1.4 Additional Terms

Certain features may have additional terms, conditions, or guidelines. Those additional terms are incorporated by reference and become part of your agreement with us.

2. Eligibility

2.1 Minimum Age

You must be at least 13 years old to use the Service. If you are under 18 (or the age of majority in your jurisdiction), you must have permission from a parent or legal guardian to use the Service.

2.2 Parental Consent

If you are a parent or guardian permitting a minor to use the Service, you agree to:

• Supervise the minor's use of the Service
• Accept responsibility for their actions
• Be bound by these Terms on their behalf

2.3 Capacity to Contract

By using the Service, you represent that you have the legal capacity to enter into a binding contract and are not prohibited from using the Service under applicable law.

2.4 Geographic Restrictions

The Service is operated from the United States. We make no representation that the Service is appropriate or available for use in all locations. Access from territories where the Service or its content is illegal is prohibited.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account by providing:

• A valid email address or authentication through Apple/Google
• A unique username
• A secure password (or third-party authentication)
• Accurate profile information

3.2 Account Accuracy

You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Not impersonate any person or entity
• Not create multiple accounts for fraudulent purposes

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and authentication credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach

Important: We will never ask for your password via email or text message.

3.4 Account Transfer

You may not sell, transfer, or assign your account to any other person or entity without our prior written consent.

4. User Content and Conduct

4.1 User Content Ownership

You retain all ownership rights to content you create, post, or share on the Service ("User Content"), including:

• Workout logs and exercise data
• Comments and posts
• Profile information and photos
• Workout notes and achievements

4.2 License Grant to Pltly

By posting User Content, you grant Pltly a worldwide, non-exclusive, royalty-free, transferable license to:

• Use, reproduce, store, and display your User Content
• Distribute your User Content to other users per your privacy settings
• Create derivative works (e.g., displaying workout statistics)
• Publicly display User Content you designate as public

This license exists solely to operate, improve, and promote the Service and terminates when you delete the content or your account (subject to reasonable backup retention periods).

4.3 User Content Standards

You agree that your User Content will not:

• Violate any law, regulation, or third-party rights
• Contain harmful, threatening, abusive, harassing, defamatory, or hateful content
• Include nudity, sexually explicit material, or pornography
• Promote violence, discrimination, or illegal activities
• Contain spam, advertising, or unauthorized commercial content
• Infringe intellectual property rights (copyrights, trademarks, patents)
• Include viruses, malware, or harmful code
• Impersonate others or misrepresent your affiliation
• Contain private information of others without consent

4.4 Community Guidelines

You agree to:

• Treat other users with respect and courtesy
• Not harass, bully, or intimidate others
• Not engage in hate speech or discriminatory behavior
• Not share false or misleading health information
• Support a positive and inclusive fitness community

4.5 Content Moderation

We reserve the right, but have no obligation, to:

• Monitor, review, or remove User Content
• Suspend or terminate accounts that violate these Terms
• Cooperate with law enforcement investigations
• Take any action we deem necessary to protect the Service or users

4.6 No Endorsement

Pltly does not endorse User Content and disclaims all liability for User Content posted by others. User Content represents the views of the individual user, not Pltly.

4.7 Reporting Violations

If you encounter content that violates these Terms, please report it to noah@noah.miami with details and a link to the content.

5. Health and Safety Disclaimer

5.1 Not Medical Advice

IMPORTANT: The Service is for informational, educational, and entertainment purposes only. It is not intended to:

• Provide medical advice, diagnosis, or treatment
• Replace consultation with qualified healthcare professionals
• Serve as a substitute for professional fitness training

5.2 Consult Healthcare Professionals

Before beginning any exercise program:

• Consult with a physician, especially if you have pre-existing health conditions
• Seek guidance from certified fitness professionals for proper form and technique
• Stop exercising and seek medical attention if you experience pain, dizziness, or discomfort

5.3 Assumption of Risk

Exercise involves inherent risks, including but not limited to:

• Muscle strains and injuries
• Cardiovascular events
• Equipment-related accidents

You assume all risks associated with your use of fitness information from the Service.

5.4 Calorie and Health Data Accuracy

• Calorie estimates are approximations based on general formulas
• Heart rate and health data from Apple Health may contain inaccuracies
• Always use your own judgment and consult professionals for personalized advice

5.5 No Liability for Health Outcomes

Pltly is not responsible for:

• Any injuries or health issues resulting from exercise
• Reliance on information provided through the Service
• Actions taken based on User Content or community recommendations

6. Prohibited Uses and Conduct

You agree not to:

6.1 Technical Abuse

• Reverse engineer, decompile, or disassemble the Service
• Use automated tools (bots, scrapers, crawlers) without permission
• Interfere with or disrupt the Service or servers
• Bypass security measures or access controls
• Attempt to gain unauthorized access to systems or user accounts

6.2 Data Misuse

• Harvest or collect user data without consent
• Use the Service for data mining or competitive purposes
• Extract data for commercial use outside the Service
• Create databases from Service content

6.3 Fraudulent Activity

• Create fake accounts or profiles
• Manipulate workout statistics or leaderboards
• Engage in phishing or social engineering
• Use stolen or unauthorized payment methods

6.4 Harmful Conduct

• Harass, threaten, or intimidate users
• Engage in cyberbullying or hate speech
• Promote dangerous fitness practices or eating disorders
• Share harmful or dangerous "challenges"
• Stalk or dox other users

6.5 Commercial Misuse

• Use the Service for unauthorized commercial purposes
• Advertise or promote products without permission
• Operate competing services using our platform
• Frame or link to the Service without consent

6.6 Legal Violations

• Use the Service for any illegal purpose
• Violate export control or sanctions laws
• Infringe intellectual property rights
• Violate privacy or data protection laws

7. Intellectual Property Rights

7.1 Pltly's Proprietary Rights

The Service and all content, features, and functionality (excluding User Content) are owned by Pltly and are protected by:

• Copyright
• Trademark
• Patent
• Trade secret
• Other intellectual property laws

This includes but is not limited to:

• Software code and architecture
• Design, layout, and user interface
• Logos, branding, and trademarks
• Algorithms and calculations (e.g., calorie estimation, PR detection)
• Database structures and compilations

7.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for personal, non-commercial purposes
• Download the mobile app on your personal devices
• View and interact with content per these Terms

This license does not include the right to:

• Use the Service for commercial purposes
• Reproduce or redistribute Service content
• Create derivative works
• Use Pltly trademarks without written permission

7.3 Trademark Notice

PLTLY and all related logos are trademarks of Pltly. You may not use our trademarks without prior written consent.

7.4 Copyright Infringement Claims (DMCA)

We respect intellectual property rights. If you believe content on the Service infringes your copyright:

Send a DMCA notice to: noah@noah.miami

Include:

• Your contact information
• Description of the copyrighted work
• Location of infringing content (URL or description)
• Statement of good faith belief that use is unauthorized
• Statement that information is accurate and you are the rights holder
• Your physical or electronic signature

We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act.

7.5 Counter-Notification

If your content was removed due to a DMCA claim and you believe it was wrongly removed, you may submit a counter-notification with the same information outlined above.

8. Third-Party Services and Integrations

8.1 Apple HealthKit

If you enable HealthKit integration:

• You grant permission for data sync per the Privacy Policy
• Apple's terms and policies apply to HealthKit data
• You can revoke access at any time in iOS Settings
• We are not responsible for HealthKit functionality or data accuracy

8.2 Apple Watch

If you use the Apple Watch companion app:

• Apple's watchOS terms apply
• Data syncs between your devices only
• We are not responsible for WatchConnectivity issues

8.3 Authentication Services

If you use Apple Sign In or Google Sign In:

• Their respective terms and privacy policies apply
• We are not responsible for authentication service availability
• You can unlink third-party accounts in Settings

8.4 Third-Party Links

The Service may contain links to third-party websites or services. We:

• Do not endorse or control third-party sites
• Are not responsible for their content or practices
• Encourage you to read their terms and privacy policies

8.5 No Warranty for Third-Party Services

We provide no warranties regarding third-party integrations and disclaim all liability for issues arising from their use.

9. Payments and Subscriptions

9.1 Free Service

Currently, the core Service is provided free of charge. We reserve the right to introduce paid features, subscriptions, or premium tiers in the future.

9.2 Future Paid Features

If we introduce paid features:

• We will provide clear pricing information
• You will have the option to opt-in
• Separate payment terms will apply
• Your use of free features will not be affected unless clearly communicated

9.3 In-App Purchases

Any in-app purchases are processed through:

• Apple's App Store (subject to Apple's terms)
• Google Play Store (if applicable, subject to Google's terms)

We do not store or process payment card information directly.

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

• Emailing noah@noah.miami with "Delete Account" in the subject
• Following in-app account deletion procedures (if available)

Upon termination:

• Your account will be deleted within 30 days
• Your User Content will be removed per our Privacy Policy
• You will lose access to all Service features

10.2 Termination by Pltly

We reserve the right to suspend or terminate your account immediately, without notice, if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your conduct harms or could harm other users or the Service
• Required by law or legal process
• We discontinue the Service (with reasonable notice)

10.3 Effect of Termination

Upon termination:

• All licenses granted to you terminate immediately
• You must cease all use of the Service
• Provisions that by nature should survive will survive (e.g., warranties, indemnification, limitations of liability)

10.4 No Refunds

If we introduce paid features, termination does not entitle you to refunds unless required by law.

11. Disclaimers and Warranties

11.1 "AS IS" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR AVAILABILITY
• FREEDOM FROM ERRORS OR BUGS

11.2 No Guarantee of Service

We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• Results from using the Service will be accurate or reliable

11.3 Health Data Accuracy

We make no warranties regarding:

• Accuracy of calorie estimates or health calculations
• Reliability of data synced from HealthKit or wearable devices
• Personal record detection or exercise standardization

11.4 User Content

We disclaim all liability for:

• User Content posted by others
• Accuracy or reliability of user-provided information
• Interactions between users

11.5 Third-Party Services

We make no warranties regarding third-party integrations, including Apple HealthKit, Google Sign-In, or Apple Watch functionality.

11.6 Jurisdictional Variations

Some jurisdictions do not allow exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you, and you may have additional rights.

12. Limitation of Liability

12.1 No Liability for Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLTLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, OR DATA
• LOSS OF USE OR BUSINESS OPPORTUNITIES
• PERSONAL INJURY OR PROPERTY DAMAGE (except where prohibited by law)
• ERRORS IN HEALTH OR FITNESS DATA
• RELIANCE ON USER CONTENT OR THIRD-PARTY INFORMATION

This applies whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

12.2 Maximum Liability Cap

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The amount you paid to Pltly in the 12 months preceding the claim (if applicable)

12.3 Essential Purpose

You acknowledge that the disclaimers and limitations in this Section reflect a reasonable allocation of risk and that Pltly would not provide the Service without these limitations.

12.4 Jurisdictional Variations

Some jurisdictions do not allow limitation of liability for personal injury or incidental/consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

13.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Pltly, its officers, directors, employees, agents, affiliates, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any law or third-party rights
• Your User Content
• Your interactions with other users
• Any injuries or health issues arising from your exercise activities
• Any negligent or wrongful conduct

13.2 Process

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

13.3 Survival

This indemnification obligation survives termination of these Terms and your use of the Service.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles.

14.2 Informal Resolution

Before filing a claim, you agree to contact us at noah@noah.miami to attempt to resolve the dispute informally. Provide:

• Your name and contact information
• Description of the dispute
• Relief you are seeking

We will attempt to resolve the dispute within 60 days.

14.3 Binding Arbitration

If informal resolution fails, you agree that disputes will be resolved through binding arbitration rather than court litigation, except as specified below.

Arbitration Terms:

• Conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• Held in Florida or your county of residence (your choice)
• One arbitrator mutually agreed upon or appointed by AAA
• Governed by the Federal Arbitration Act (FAA)
• Award is binding and enforceable in court

Arbitration Fees: Each party pays its own attorneys' fees unless awarded by the arbitrator

14.4 Exceptions to Arbitration

You or Pltly may bring claims in small claims court if they qualify.

Either party may seek equitable relief in court for:

• Intellectual property infringement
• Unauthorized access or data breaches
• Violation of confidentiality obligations

14.5 Class Action Waiver

YOU AND PLTLY AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS-WIDE ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

This waiver does not apply in jurisdictions where class action waivers are prohibited.

14.6 Opt-Out of Arbitration

You may opt out of arbitration by sending written notice to noah@noah.miami within 30 days of first accepting these Terms. Include your name, address, and clear statement that you opt out of the arbitration agreement.

14.7 Venue

If arbitration does not apply, you agree to exclusive jurisdiction in the state and federal courts located in Florida.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pltly regarding the Service and supersede all prior agreements.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.4 Assignment

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

15.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, or technical failures.

15.6 Notice

We may provide notices to you via:

• Email to your registered address
• In-app notifications
• Posted updates to the Service

You may provide legal notices to us at noah@noah.miami.

15.7 Relationship

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Pltly.

15.8 Export Compliance

You agree to comply with all applicable export and import control laws and regulations.

15.9 Government Users

If you are a U.S. government entity, the Service is a "Commercial Item" as defined in FAR 2.101, and use is governed by these Terms.

15.10 Language

These Terms are drafted in English. Any translations are provided for convenience only. In the event of conflicts, the English version controls.

16. Apple-Specific Terms

If you access the Service via an iOS device:

16.1 Acknowledgment

You acknowledge that:

• These Terms are between you and Pltly, not Apple
• Pltly, not Apple, is responsible for the Service and its content
• Apple has no obligation to provide support services

16.2 Scope of License

Your license to use the app is limited to a non-transferable license to use it on Apple-branded devices you own or control, as permitted by Apple's App Store Terms of Service.

16.3 Maintenance and Support

Pltly is solely responsible for maintenance and support services.

16.4 Warranty

Pltly is solely responsible for product warranties. Apple has no warranty obligations.

16.5 Product Claims

Pltly is responsible for addressing claims related to the app, including:

• Product liability claims
• Failure to conform to legal or regulatory requirements
• Consumer protection or similar laws

16.6 Intellectual Property Claims

Pltly will investigate and defend claims that the app infringes third-party intellectual property rights.

16.7 Third-Party Beneficiary

Apple is a third-party beneficiary of these Terms and may enforce them against you.

17. Contact Information

For questions, concerns, or support regarding these Terms or the Service:

Email: noah@noah.miami

Subject Line: "Terms of Service Inquiry"

Legal Notices: noah@noah.miami

18. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

This Terms of Service is effective as of September 24, 2025.

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