Terms of Use

Agreement and EULA

FitGame is provided by Fracta LLC (“Fracta”, “we”, “us”), 5900 Balcones Drive, STE 100, Austin, TX 78731, USA.

Your license to use the FitGame iPhone app is governed by Apple's Licensed Application End User License Agreement (the “Standard EULA”), with Fracta LLC as the application provider. These Terms of Use describe the rules of the FitGame service — accounts, challenges, fair play and subscriptions — and apply together with the Standard EULA and our Privacy Policy. If these terms and the Standard EULA conflict, the Standard EULA controls.

By creating an account or using FitGame, you agree to these terms. If you don't agree, don't use FitGame.

The service

FitGame is a competitive fitness app. It uses your iPhone's camera to track your movement and count reps in supported games, records your scores and personal bests, lets you challenge other players in turn-based challenges, and ranks players with Rank Points and leaderboards. FitGame also offers workout logging and routines.

Rep counting is automated and can make mistakes. A score reflects what FitGame detected and accepted under the game's rules, not a certified measurement of your performance.

Physical activity and safety

• You exercise at your own risk and are responsible for knowing your limits. Stop immediately if you feel pain, dizziness, shortness of breath or discomfort.
• Competition can push you to go harder. Don't sacrifice form or safety to win a challenge.
• Use FitGame in a safe, clear space with enough room to move, and place your iPhone securely so it can't fall.
• Be mindful of people and property around you while exercising.

Eligibility

You must be at least 13 years old to use FitGame. If you are under the age of majority where you live, you may use FitGame only with the permission of a parent or legal guardian, who agrees to these terms on your behalf.

Your account

• You sign in to FitGame with Sign in with Apple. You're responsible for keeping your Apple ID and device secure and for activity on your account.
• You may have one account per person. Don't share, sell or transfer your account, and don't create accounts to manipulate challenges or rankings.
• Usernames must be 3–20 characters, using letters, numbers and single underscores, and must start with a letter. Reserved names and offensive words aren't allowed. You can change your username once every 30 days, and your region once every 7 days. Usernames are public.
• We may reclaim or require you to change a username that violates these terms, impersonates someone, or infringes someone else's rights.
• You can delete your account at any time from the app. Deletion is permanent and the account can't be recovered. See Account Deletion.

Challenges and Rank Points

How a challenge works

• A challenge is turn-based. The player who receives it accepts it, and each turn's target is the latest score submitted by your rival in the same game and time limit.
• To keep a challenge going, you must beat the current target and submit your score. Your score then becomes your rival's target.
• Each turn has a 48-hour response window, measured by FitGame's servers, and a limited number of attempts (currently 5).
• You lose a challenge if you use all your attempts without beating the target, or if your turn's time runs out.
• A winning score only advances the challenge once you submit it. An unsubmitted score does not count.
• A challenge that is never accepted expires without a competitive result.

Rank Points

• The winner of an accepted, completed challenge gains 1 Rank Point and the loser loses 1. Rank Points never go below zero.
• FitGame keeps an all-time total and a weekly total that starts over every Monday at 00:00 Central Time (America/Chicago).
• Only the first 10 wins by the same player over the same rival in a week change Rank Points. After that, results between those two players that week still count for the challenge but don't move Rank Points for either player.
• Rank Points, leaderboards and personal bests have no monetary value and can't be exchanged, sold or transferred.

Practice opponents

FitGame may include test or practice opponents, such as Alex, Brandon and Max, with dynamically generated responses at different difficulty levels.

We may adjust game rules, scoring, time limits, attempts, Rank Point rules and practice opponents to keep competition fair. Rule changes don't rewrite a challenge already in progress.

Fair play

Scores only mean something if everyone earns them. You agree not to:

• Use videos, photos, mirrors, other people, mannequins, or any other trick to make the camera count reps you didn't perform.
• Modify, reverse engineer, or tamper with the app, its data, or its communication with our servers; or submit results by any means other than playing in the app.
• Use scripts, emulators or automation to play, or exploit bugs to gain an advantage.
• Coordinate with other players, or use multiple accounts, to trade wins or inflate Rank Points.

FitGame checks submitted sessions against each game's rules and plausibility limits. Sessions can be flagged or rejected, and rejected sessions don't count toward records or challenges. We may remove results, reset Rank Points, or suspend accounts involved in manipulation.

Conduct

• Don't harass, threaten, or abuse other players, and don't use offensive, hateful or sexual usernames or display names.
• Don't spam other players with challenges or use FitGame for any unlawful purpose.
• You can block players and report them in the app for an inappropriate profile, cheating, harassment, spam or other reasons. We review reports and may act on them, but we're not obligated to monitor all activity.

Subscriptions and billing

• Access to FitGame's games, challenges, leaderboards and other core features requires an active FitGame Pro subscription. Creating an account, setting up your profile, managing your subscription, blocking and reporting players, and deleting your account don't require one.
• FitGame Pro is sold as an auto-renewable subscription through Apple's App Store. Payment is charged to your Apple ID account when you confirm the purchase. Prices and any free trial or introductory offer are shown in the app by Apple before you buy.
• Your subscription renews automatically at the end of each period unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
• Subscriptions are managed by Apple. You can manage or cancel yours in your Apple account settings (Settings > your name > Subscriptions). Canceling stops future renewals; access continues until the end of the period you've paid for.
• If a free trial is offered, any unused portion is forfeited when you purchase a subscription, where applicable.
• Refunds are handled by Apple under Apple's policies. Fracta LLC can't issue refunds for App Store purchases.
• A subscription belongs to the FitGame account it was purchased with. You can use “Restore Purchases” in the app to restore access on that account.
• Deleting your FitGame account does not cancel your App Store subscription, and the subscription is not restored automatically in the app afterward — not even if you create a new account with the same Apple ID. Cancel it with Apple if you no longer want it to renew.

Availability and changes

We work to keep FitGame running, but it may be unavailable at times for maintenance, updates, or reasons outside our control. Features, games and rules may change, be added or be removed. FitGame requires an internet connection and a compatible iPhone.

Your content

You keep ownership of the content you create, such as your username and display name. You give Fracta LLC permission to store, display and use it as needed to operate FitGame, including showing it to other players. FitGame's software, design, games, text and graphics are owned by Fracta LLC and licensed to you under the Standard EULA.

Suspension and termination

You can stop using FitGame and delete your account at any time. We may suspend or terminate your access if you violate these terms, if required by law, or to protect players or the service. Termination by us does not cancel an App Store subscription; manage it with Apple.

Disclaimers

Warranty disclaimers, limitation of liability and governing law for the app are set out in the Standard EULA. In addition, we don't warrant that rep counting, scores or rankings will be accurate or error-free, and, to the fullest extent permitted by law, Fracta LLC is not liable for any injury arising from physical activity you choose to perform while using FitGame.

Changes to these terms

We may update these terms. We'll update the date at the top, and if a change is material we'll let you know in the app or on this page before it takes effect. Continuing to use FitGame after changes take effect means you accept them.

Contact

Fracta LLC
5900 Balcones Drive, STE 100
Austin, TX 78731, USA
manager@fractallc.com