Terms and Conditions
Effective date: 01.08.2025
1. INTRODUCTION
Welcome to AceGame!
We aim to offer a unique and interactive approach to fitness and wellness, by connecting End-Users with Content Creators through our App.
These Terms govern your access to and use of our App and you enter a contract with us when you accept these Terms or otherwise use our App. These Terms also apply, to the extent relevant, to your access and use of the Company’s Website, and, as such, any relevant reference to App shall be considered made to Website as well. Although the Website does not offer the App’s interactive features, account registration, or Creator services, your visit and use of the Website are subject to these Terms, including but not limited to intellectual property rights, disclaimers, limitations of liability, and governing law provisions. In case of conflict, the provisions specific to the App shall prevail for all matters relating to App usage.
Please read these Terms carefully before using our App or Website. Your access to and use of the App or Website is conditioned on your acceptance of and compliance with these Terms. Please also read our Privacy Policy and Cookies Policy. By clicking “Accept”, downloading, accessing, or using our App or Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not download, access or use our App or Website.
2. DEFINITIONS
“Company,” “we,” “us,” or “our” refers to AceGame AS, a Norwegian company registered with the Register of Business Enterprises from Norway under organization number 934 783 565 (the legal entity that owns and operates the App), including its affiliates, subsidiaries, officers, employees, agents, and authorized representatives.
“App” refers to the mobile application branded as AceGame, including all related software, services, content, and documentation provided by us.
"Agreement between End-User and Creator" refers to the terms which govern each Creator Interaction;
“AI-Generated Content” refers to any Content generated, adjusted, reviewed or made available through other similar actions, using artificial intelligence and User input.
“Creator” refers to a User who has applied for and been approved by the Company to create, Upload, and monetize Creator Content on the App, and may include, but not limited to, professional sports figures, trainers, coaches, fitness influencers, sports clubs, experts, lifestyle related influencers or other public figures in the sports industry who have partnered with the Company to offer content, interaction, and/or host events through the App. Creators can be self-employed individuals or independent contractors or private or public entities, and are not employed by the Company.
“Creator Content” refers to any Content (either free or paid) Uploaded or made available through the App by a Creator (including, but not limited to, videos from Creators; behind the scenes content; exclusive and/or live interaction with Creators; Events creation; content available during specific periods; one-time premium per-per-view content; personalized (including with AI) training recommendations, programs and experiences; fitness-related recommendations; exercise routines; or wellness suggestions);
"Creator Earnings" refers to the amount paid out to Creators after applicable deductions (including Company’s Fee).
"Creator Interaction" refers to an interaction on the App that grants access to Creator Content, including: (i) a Subscription; (ii) a payment for pay-per-view Creator Content; and (iii) any other interaction or payment between an End-User and a Creator's account or Content, including direct messages.
“Content” refers to any materials (including Creator Content, End-User Content and AI-Generated Content) or features within the App.
“Device” refers to any smartphone, tablet, or other mobile or computer systems used to access and/or interact with the App.
“Effective Date” means the date when these Terms are deemed to be in force and binding on Users, as posted at the beginning of this document.
“End-User” refers to any individual or entity who accesses, downloads, registers, or otherwise uses the App to consume Content, but does not provide Creator Content.
“End-User Content” refers to any content, data, information, photos, graphics, videos, audios, messages, fitness goals, preferences, training history, comments, interactions, feedback, or other materials submitted, uploaded, or otherwise made available by End-Users through the App.
"End-User Payment" refers to any End-User payment related to a Creator Interaction.
“Event” refers to any physical or virtual session, competition, live stream, fitness training, challenge, meetup, or similar gathering organized or hosted by the Company and/or Creators through or in connection with the App.
“Fee” refers to the amount charged by the Company from the gross Creator Earnings for providing the App and facilitating Creator Interaction.
"Include", "Includes", and "Including" also mean "without limitation";
"Indirect Sales Taxes" refers to any sales tax that is statutorily applied to End-User Payments in any relevant jurisdiction.
“Platform” refers to iOS (Apple Inc) or Android (Google LLC) or any other mobile device platform where the App will be available in the future.
“Subscription” refers to any paid tier or subscription plan offered by the App which allows End-Users to temporarily access paid Content for a specific period of time in exchange for authorised automatic renewal payments.
"Tax" refers to all forms of tax and statutory, governmental charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable in any applicable jurisdiction;
“Third-Party Services” refers to websites, applications, platforms, or content that are not owned or operated by the Company and that may be linked to or integrated with the App.
“Terms” or “Agreement” refers to these Terms and Conditions, including any supplemental terms, policies, guidelines, and future amendments or modifications, and govern your access and use of the App.
“Token” refers to the consumable credit received by an End-User when purchasing a Subscription and is used by End-User as payment for paid Content.
“User” refers to any user of the App, whether a Creator or an End-User or both (also referred to as "you" or "your")
“Updates” refers to any updates, enhancements, patches, bug fixes, or new features made or added to the App.
"Upload" refers to publishing, displaying, posting, submitting, typing, inputting, transmitting, distributing or otherwise sharing any Content, including photos, videos, audio, livestream material, training programs, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever in the App.
“Website” means the Company’s official website located at www.acegame.app, which provides general information about the Company, the App, and related services. The Website is informational only and does not offer or enable access to Users to App services, functionalities or account registration.
3. ELIGIBILITY
You must be at least 16 years old (or older if required by local laws) to be a User of the App. If you are under 18, you represent that you have obtained parental or guardian consent. The Company may suspend your account where consent is not verified. You agree to provide accurate and complete registration information and to keep it up to date.
4. ACCOUNT REGISTRATION AND DELETION
General terms:
By registering with and using the App, you agree to these Terms. If you do not agree, your sole remedy is to not register or stop being a User.
To register as a User and access the features of our App, you must create an account and provide accurate, complete, and up-to-date information. You may also be asked to provide additional information prior to account approval.
A User can be at the same time an End-User and a Creator, subject to fulfilling the conditions set forth in these Terms for each of these User categories.
If you create an account through social media or other third-party accounts (e.g. Facebook, Google, Apple) you agree to authorize us to access the requested social media sign-on credentials. By granting us access to your social media account, you consent to us accessing and storing certain information regarding you as described in our Privacy Policy.
Each User can create and have only one account. You are responsible for safeguarding your login credentials and for all activities that occur under your account. You agree not to share your account or use another person’s account. You agree to notify us immediately if you become aware of a breach of your account security or any unauthorized use of your login credentials.
You warrant and represent that all information provided at registration is accurate and complete and that you have legal capacity to be bound by these Terms. You agree to maintain and promptly update your details if they change. Creating an account with false info is a breach of our Terms and will result in termination of your account. You must not create an account if we have previously terminated an account in your name for breaching these Terms. We are entitled to reject your application to open an account or terminate your existing account for any reason.
If you are signing up and using the App on behalf of another individual, or any other third party, you represent and warrant that you have full legal authority to agree to these Terms and bind that third party.
If you decide to entirely delete your account while you still hold unused Tokens, you acknowledge and agree that any and all unused Tokens will be permanently deleted and such action cannot be undone. To delete your account, you need to follow these steps: Log in to your AceGame account via the App - Go to Profile - Click on Settings - Go to Manage Account - Click on Delete Account.
End-User account:
As an End-User, you may end your relationship with us at any time by closing your account and stopping your use of the App. You can find the option to delete your account in the “User Account” section of your account. Upon account deletion, you will not have access to your former account or any Content, and we may deal with your data, including your Content, in accordance with these Terms and our Privacy Policy.
At any time, for any reason we consider appropriate, without warning or notice and for as long as is necessary to review the relevant facts, we may suspend your account if:
we think you have or may have seriously or repeatedly breached these Terms; and/or
you attempt, or threaten, to breach these Terms in a way which we think has or could have serious consequences for us or another User; and/or
we suspect that you are involved in an unlawful or fraudulent activity related to End-User Payments and/or Creator Earnings.;
If upon reviewing the relevant facts we’ve reasonably concluded that you were in breach of the above, we may permanently delete your account..
Creator account:
To open a Creator account, you must first open a User account and then apply to us for a Creator account. We will review your application (including your Creator profile) and let you know our decision in the shortest amount of time possible. Your application is not guaranteed to be approved and we are not obliged to provide you with a reason for rejecting your application to become a Creator.
Once you were approved to become a Creator, you have the following initial obligations:
provide any additional information we request, which may vary depending on where you live or your nationality;
add Creator Content in the App and make available for End-Users to access when they subscribe to you;
set a Token price for your paid Creator Content made available to End-Users; and
provide your PayPal account details for us to transfer Creator Earnings to you.
You agree to be subject to any additional age or identity verification information we ask for at any time.
As Creator, you may close your account and end your relationship with us at any time providing:
you’ve fulfilled any ongoing obligations towards the End-Users with an active paid Subscription (your account will remain open until all active Subscriptions expire);
all financial terms related to the Creators Earnings, Fee, Tax, Indirect Sales Taxes and/or other ongoing or outstanding amounts were settled between you and the Company;
we will then pay all unpaid Creator Earnings and delete the account. All Subscriptions will be deleted and cannot be renewed. After we delete your account, you will not have access to your former account or its Content; and
after your account is deleted, you will not have access to your former account or any Content, and we may deal with your data, including your Content, in accordance with these Terms and our Privacy Policy.
At any time, for any reason we consider appropriate, without warning or notice and for as long as is necessary to review the relevant facts, we may: (i) suspend your account and/or your Creator Content; (ii) suspend, refund, or cancel End-User Payments which would have been due during the suspension period; and/or (iii) temporarily withhold any part of your Creator Earnings, if:
we think you have or may have seriously or repeatedly breached these Terms; and/or
you attempt, or threaten, to breach these Terms in a way which we think has or could have serious consequences for us or another User; and/or
we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the End-User who made the End-User Payment resulting in the Creator Earnings;
If upon reviewing the relevant facts we’ve reasonably concluded that you were in breach of the above, we may delete your account and permanently withhold any part of your Creator Earnings generated during the period in which you were in breach.
5. SUBSCRIPTIONS AND PAYMENTS
a. Free Version
The App also offers a free version with limited functionality. End-Users without a Subscription will not have access to any paid Creator Content.
b. Subscriptions
All Subscriptions offered through the App are provided on an auto-renewing basis via in-app purchases, subject to the terms and conditions of the relevant Platform provider. Unless cancelled by you in accordance with the applicable cancellation procedures of the respective Platform, your Subscription will automatically renew at the end of each Subscription period, and the applicable Subscription fee will be charged to your designated payment method.
Details regarding the available Subscriptions, including their features, durations, applicable pricing, and the number of Tokens associated with each Subscription tier, shall be displayed clearly through the App interface and/or Platform dashboard before you initiate or renew any Subscription. We reserve the right to update, modify, or discontinue Subscription offerings and pricing at any time, provided that such changes will not affect ongoing Subscriptions without appropriate notice as required by applicable law. By purchasing a Subscription, you agree to the automatic renewal and the associated recurring charges unless you cancel the Subscription in accordance with the Platform’s policies.
We may also offer trial periods. If not canceled before the trial ends, you will be charged according to the selected Subscription.
You may upgrade or downgrade your Subscription at any time. Upgrading to a higher tier takes effect immediately, while downgrading to a lower tier takes effect at the end of the then-current Subscription period.
You may cancel your Subscription at any time prior to its renewal date to avoid further charges. Cancellation will take effect at the end of the then-current Subscription period. If you decide to cancel your Subscription:
you can view the relevant Creator Content until the end of your Subscription, after which no further End-User Payments will be taken from you in respect of your cancelled Subscription (unless you begin a new Subscription);
you can keep any unused Tokens and can use them anytime in the App as long as you have an active account, but no new Tokens will be made available to you after the Subscription ends; and
upon expiration of your Subscription period, all paid AI-Generated Content, including the one based on a Token payment from the Creator's calendar, will remain in your calendar, but you will not have access anymore to Creator Content which was accessible to you based on a Subscription or to the Creator's paid calendar (and, thus, any Creator's future training plan) and you will no longer be able to view or access in any way any Creator Content, except as otherwise stated in these Terms.
c. Subscriptions Policy
You can subscribe through auto-renewable in-app purchases (IAP) and, depending on your chosen IAP Subscription tier, you will get a fixed amount of Tokens.
Auto-renewable IAP Subscriptions will automatically renew for additional periods of the same duration unless you cancel it.
Auto-renewable IAP Subscriptions will run on a predefined number of calendar days, calculated date to date, made available to you prior to the initiation or renewal of the Subscription.
Tokens are issued as part of the ongoing auto-renewable IAP Subscription and are granted automatically to you by the Subscription tier when you purchase a Subscription.
Tokens are tied to the auto-renewable IAP Subscription and cannot be purchased outside of it.
Tokens can be redeemed by you inside the App to temporarily subscribe (e.g. for 30 days) to Creators to unlock their Creator Content (e.g. new videos, training recommendations, one-time premium content such as, but not limited to, behind the scenes content), to unlock AI-Generated Content, or access any other paid Content.
If you cancel or unsubscribe from a Creator Subscription before the end of the current billing period, your access to that Creator’s Content will continue until the end of the period for which you have already paid. No refunds will be issued for partial periods unless required by applicable law.
You acknowledge and agree that any paid Creator Content is available to you only on a temporary basis for as long as you hold an active Subscription, providing that the Creator’s account remains active or valid.
Tokens granted to you through auto-renewable IAP Subscription will not expire and you will be able to use such remaining Tokens even after you’ve cancelled your auto-renewable IAP Subscription, unless you delete your account. If you delete your account, all Tokens will be deleted as well. Tokens are linked to your account and cannot exist in the absence of an active account.
Each Creator will set on their own the number of Tokens necessary for End-Users to access their Creator Content during specific periods or for a specific one-time premium content.
The number of Creators to which an End-User can subscribe or unlock Creator Content is unlimited and will depend solely on the number of Tokens available to the End-User based on its chosen Subscription tier.
d. Billing
All End-User Payments will be received and processed by a third-party payment provider we approve. We are entitled to change such third-party payment providers at our own discretion. You agree to authorise us to supply payment information details to the third-party payment provider for the purpose of processing End-User Payments. The payment provider will take: (i) periodic payments for End-User Payments which are Subscriptions; and (ii) immediate payments for End-User Payments other than Subscriptions. You authorise and consent to each of these payments being debited using your supplied payment information. If you provide details of more than one payment method and an End-User Payment from the first method fails, we will use the other payment method for the End-User Payment.
Before subscribing through an auto-renewable IAP, you must add payment information to your account. Subscription fees are billed on a recurring basis, depending on the chosen period, via the Platform app store. Prices are subject to change with prior notice. By purchasing a Subscription, you authorize us or the relevant Platform provider to charge your payment method on a recurring basis until canceled.
Subscription prices and Token packages are displayed in the local currency applicable to your country or region, as determined by the relevant Platform. The final price shown at checkout includes all applicable taxes and fees, where required by law (including any Indirect Sales Taxes). The Company does not control or guarantee exchange rates or currency conversion fees applied by your bank, credit card issuer, or platform provider, and we are not responsible for paying such charges.
When you select “Subscribe”, “Start a Subscription” or any other similar actions having the same meaning, you agree to start a Subscription. A Subscription will automatically renew at the current rate (plus any Indirect Sales Tax). You authorise us to charge you again after each Subscription, unless: (i) your payment is declined and you have not provided another payment; (ii) the Subscription price has increased; (iii) you switched off the "Auto-Renew" feature on the relevant Platform provider; or (iv) you close your App account before the new Subscription period begins. By starting a Subscription, you agree to these provisions, and acknowledge that you will not receive further notice regarding the renewal of that Subscription.
e. Refunds and Cancellations
Refunds and Cancellations are subject to the Company's Terms and the terms and conditions of the relevant Platform provider. To be eligible for a refund, you need to have an active and valid App account throughout the entire refund process..
Platform-Specific Terms on Refunds & Canecellations
If you purchase a Subscription or make any in-app payment through a third-party Platform such as the Apple App Store or Google Play Store, the transaction is governed by the Platform’s own payment and refund policies. The Company does not control or process these transactions and cannot issue refunds for purchases made through such Platforms.
Apple App Store (iOS Users)
If your purchase was made via the Apple App Store, all billing and refund requests must be directed to Apple. You may request a refund through Apple by following the instructions at: https://support.apple.com/en-us/HT204084.
Please note:
Apple determines refund eligibility and handles the transaction process.
The Company cannot approve, process, or expedite refund requests made through Apple.
You must cancel your Subscription through your Apple ID settings.
Google Play Store (Android Users)
If your purchase was made via the Google Play Store, refund eligibility is determined solely by Google and subject to its policies. You can request a refund by visiting: https://support.google.com/googleplay/answer/2479637.
Please note:
Google processes all refund requests independently.
The Company does not have access to your payment data and cannot authorize or manage Play Store refunds.
Subscription cancellations must be managed via your Google Play account.
For all Platform purchases, please retain your transaction receipt and follow the Platform’s procedure. We recommend contacting our support team at the email address mentioned below in the Contact section if you experience a technical issue before initiating a refund request with the relevant Platform. We are happy to assist with App-related issues but are not able to modify or override Platform decisions regarding refunds or billing.
Company Terms on Refunds & Canecellations
Subject to compliance with the relevant Platform terms on Refunds & Cancellations:
In the event that the Company, in its sole discretion, suspends, disables, restricts, withdraws, or otherwise makes unavailable any part of the paid Creator Content or the App, whether temporarily or permanently, and such unavailability materially affects your access to a Subscription that was active and valid during the affected period:
you shall be entitled to a pro-rata refund of Tokens;
you will receive in your account a pro-rata number of Tokens which you can use within the App;
the refund shall correspond to the portion of the Subscription price paid in advance for the period during which the paid Creator Content or the App was unavailable and you were thereby unable to use the relevant Subscription.
The Company shall refund you for pricing errors and/or double charges errors related to Subscriptions.
Refunds, other than refunds of Tokens, where applicable, shall be processed using the original method of payment, subject to any applicable fees, currency exchange differences, or processing charges as determined by the relevant payment or Platform provider.
Unless otherwise expressly stated in these Terms or required by applicable law or expressly by the relevant Platform terms and conditions, all other End-User Payments - including Subscription fees, in-app purchases, or any prepaid amounts - are non-refundable. Specifically, no refunds will be granted in the following circumstances:
if your account is suspended or terminated due to your breach of these Terms, including but not limited to fraud, abuse, or violation of applicable law or Platform policies;
if, at the time of your refund request and/or your refund payout, you do not hold an active, valid User account on the App;
if the refund request relates to a partially used Subscription period or partial billing cycle (e.g., if you cancel or stop using the App before the end of your current billing period), unless a refund is expressly required under mandatory consumer protection law or under the refund policies of the applicable Platform provider (e.g., Apple App Store or Google Play).
You agree not to make: (i) unjustified requests for a refund; or (ii) unjustified chargeback requests of your payment card provider in relation to any Creator Interaction. If we determine that any refund or chargeback request was made by you in bad faith, we may suspend or delete your account.
If you believe you are entitled to a refund under these Terms or applicable law, please contact us at our email address mentioned below in the Contact section, including relevant details and supporting documentation. Refund requests must be submitted within 14 days of the transaction unless otherwise mandated by law.
These Terms do not affect any statutory right to a refund which you may have under the EU Directive 2011/83, UK Consumer Contracts Regulations 2013, Consumer Rights Act 2015 or any other applicable law. Users located in the European Union, Norway, or other jurisdictions with statutory consumer withdrawal rights may be entitled to a limited right of withdrawal from digital subscriptions under applicable law. However, this right may be waived once the digital service has commenced with your consent, in accordance with applicable regulations.
6. CREATOR PAYOUT AND FEES
The App enables eligible Creators to engage with End-Users by creating, distributing, and monetizing Creator Content. Creators may earn Creator Earnings from such activities through the App’s integrated payment and monetization features.
The Company does not employ or engage Creators as employees, agents, or representatives of the Company and any Creator acts independently. Creators represent that they are operating as self-employed / independent contractors / legal entities, and not as employees, agents, or representatives of the Company.
As a Creator, it is your sole responsibility to ensure compliance with all applicable tax, business registration, and accounting obligations in your jurisdiction. We may be required to collect, report, and share Creator Earnings data with tax authorities (e.g., under DAC7, Skatteetaten, or other local regulations). You agree to provide accurate tax and identity information upon request. You may be required to verify your identity or provide additional information (e.g., tax ID, business number, national ID) to comply with anti-money laundering (AML), tax, or payment processing regulations
In consideration for providing access to the App, related infrastructure, hosting, support services and other related services, the Company shall be entitled to a Fee equal to 30% of the Net Revenue received by the Company in connection with payments made by End-Users for Creator Content. The Company uses a Net Revenue model to ensure transparency and compliance with Platform policies (such as Apple and Google). For the purposes of this clause, “Net Revenue” means the total gross amounts actually received by the Company from End-Users via in-app purchases or Platform payments, after the deduction of any applicable commissions, transaction fees, or charges (including Indirect Sales Tax) imposed by Platforms, payment processors, or other service providers. Third-party fees typically include: App Store or Google Play commission (generally 15–30%); Payment processor charges; Currency conversion or Platform transaction costs (if applicable).
The Fee shall apply to all monetization activities conducted through the App and shall be deducted prior to disbursement of Creator Earnings. The Company reserves the right to modify the applicable Fee percentage, payment schedules, or payout procedures from time to time, with reasonable prior notice provided to Creators.
Creator Earnings are paid out to you according to the Company’s payment schedule and methods. Creator Earnings will be available for withdrawal when reflected in your Creator account and once your balance reaches the minimum payout amount requirement communicated via your App dashboard. The minimum payout amount may be adjusted by the Company from time to time, and the applicable threshold will be displayed in your Creator account or payout settings. Payouts are processed via PayPal. You must provide a valid PayPal account to receive payments. Additional charges, such as PayPal transaction or conversion fees, may apply and are your sole responsibility.
Our system will update Creator Earnings payout statuses (pending, completed, failed) and Creators will be notified via email and/or App dashboard. All Creator Earnings payout transactions are logged for tax reporting and audits.
How Are Creator Earnings Calculated?
Our Company uses a Token-based system for monetization. End-Users purchase Tokens via in-app subscriptions through Platforms, or other payment methods. End-Users then spend these Tokens to access Creator Content. We will track all Tokens spent on each Creator Content.
Tokens received by Creators are converted by the Company into fiat currency at a fixed exchange rate. The Company then deducts a Fee of 30% from the fiat equivalent of the Tokens received. The remaining 70% represent the Creator Earnings amount available for payout and will be credited to the Creator’s ledger balance within our system. Creator Earnings can then be withdrawn by Creator Earnings in accordance with the provision of these Terms.
The resulting Creator Earnings represent the amount available for payout and will be credited to the Creator’s ledger balance within our system.
The Company determines and applies a Token-to-fiat currency exchange rate for the purpose of calculating Creator Earnings. The current exchange rate will be communicated to Creators via their App dashboard and may be expressed in a fixed format or adjusted periodically based on internal factors such as currency fluctuations, platform pricing, or market conditions. The exchange rate is used solely for the calculation of payouts to Creators and does not necessarily reflect the real-time or monetary value of Tokens purchased by End-Users.
The Company reserves the right to modify the Token exchange rate at its sole discretion. Any changes to the exchange rate will be communicated in advance through in-app notifications or by email and will apply prospectively only to Tokens earned after the effective date of the change.
Example:
A Creator receives 100 Tokens from End-Users..
These Tokens are converted to €100 (example rate: 1 Tokens = €1.00).
Our Fee will be: €100 × 30% = €30
Creator Earnings will be: €70
Please note:
When End-Users purchase Tokens through Platforms, such Platforms may deduct commissions (e.g., Apple/Google take 15–30% on in-app payments).
These Platform commissions are deducted before Tokens are issued, and thus do not impact your Token-to-fiat conversion directly.
Creators are paid based on the value of Tokens actually received, not the amount paid by End-Users to obtain them.
Your bank or payment processor provider may charge currency conversion or other fees. We do not control currency exchange rates or banking charges and we are not responsible for paying such charges.
Creators acknowledge and agree to the following:
If an End-User successfully seeks a refund or chargeback from its credit card provider of an End-User Payment, we may deduct an amount equal to the Creator Earnings portion of the refunded or chargedback amount;
You are solely responsible for complying with all applicable tax laws and reporting their Creator Earnings, and fulfilling your own legal, tax (including for VAT purposes), insurance and accounting status, and for complying with all applicable laws in your jurisdiction and abroad.
The Company (i) acts as a service provider and not as a reseller of Creator Content; (ii) is not responsible for advising you on your Tax affairs or liable for any general Tax information provided on App or through any other meanings; and (iii) is not liable for any of your failure to comply with applicable legal, tax or social insurance requirements or non-payment of its taxes.
The Company does not withhold taxes on behalf of Creators and shall have no liability for any Tax obligations incurred by Creators. You alone are responsible for declaring your earnings and paying all taxes in your jurisdiction and for ensuring that you make any necessary tax fillings.
Failure to comply with your Tax obligations may result in your Creator account being closed or suspended. If you become Tax non-compliant in relation to your use of the App or if you are named in any litigation, inquiry, or investigation in connection with, or which may lead to, any Tax non-compliance in connection with your use of the App, we reserve the right to close, restrict payouts from, or restrict Creator Earnings from your account.
If a lien, levy, or other encumbrance is placed on your Creator Earnings, we may be legally obliged to withhold any part of your Creator Earnings and may suspend or cancel End-User Payments. We may use any part of your Creator Earnings to set off any harm or loss we suffer as a result of your breach(es) of these Terms.
7. CONTENT AND USAGE
a. General terms
You should have all the rights related to the Content you Upload in the App, and you represent that your Content does not infringe or violate any law and/or the intellectual property rights of any third-party and that you own or have obtained all rights necessary to distribute, copy, display, publicly perform or otherwise use the Content.
You are fully responsible for the Content you Upload in the App and you are fully liable to and will indemnify us if any of your warranty in these Terms is untrue, meaning you will be responsible for any resulting loss or damage we suffer.
We do not allow any content that infringes copyright. Your use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of these Terms. Under E.U. law, users are allowed to use copyright works without the authorization of the copyright holder for quotation, criticism, review and for the purpose of caricature, parody or pastiche provided that such use is fair.
We do not allow any content that infringes trademark. Trademark laws prohibit trademark infringement, which is generally the unauthorized use of an identical or a similar trademark or service mark in connection with goods or services in a way that is likely to cause confusion, deception or mistake about the source, origin, sponsorship or affiliation of the associated goods and/or services.
Any content that infringes a copyright and/or trademark owned by another person or entity may be removed. We may review content both proactively and reactively. We may restrict access to or remove any content, including yours, if we reasonably believe (i) it is in breach of these Terms; or (ii) it causes harm to us, other Users, or third parties.
We are not responsible for, do not control, and do not endorse any Content you may post. We have no direct control over what your Content may comprise. We reserve the right to pre-screen, monitor, moderate (including by manual and/or automatic meanings), review, remove, restrict access to or block any Content that we determine, in our sole discretion, to be in violation of these Terms, without prior notice. We reserve the right to cooperate with law enforcement and remove any Content immediately in high-risk cases.
If you think we have made a mistake in removing or restricting access to your Content, you can appeal only once against a particular decision, in maximum 30 days after the date we notified you of the decision that you want to appeal, and we will review our decision and decide again. Appeals will not be available in limited scenarios where the relevant decision can no longer be reversed. This includes when the relevant decision has already expired. For example, in the case of a temporary ban, an appeal will no longer be available after the temporary ban has already expired; or where the relevant decision can no longer be reversed because the content in question is temporary and has already expired.
You agree that any Content you Upload through the App must comply with the following standards:
must respect the provision of these Terms and the terms and content policies of applicable Platforms, including but not limited to Apple’s App Store Review Guidelines and Google Play Developer Content Policy;
must be respectful, truthful, and lawful;
must not be (and must not promote such behaviours), abusive, harassing, threatening, intimidating, hurting, defamatory, offensive, hateful, inflammatory, discriminatory, humiliating, obscene, pornographic, vulgar, sexually explicit, or otherwise inappropriate;
must not contain or promote violence or discrimination based on race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender identity, serious disease, disability, immigration status or age;
must not depict, promote, or contain any form of child sexual abuse material (CSAM), child exploitation, or solicitation of minors;
must not contain nudity, pornography, or sexual content involving individuals under the age of 18 or who appear to be underage, or any non-consensual sexual material;
must not promote, incite, glorify, or provide instructions for terrorist acts, violent extremism, or organized criminal activity;
must not infringe or violate any third-party rights, including but not limited to intellectual property rights, privacy rights, or publicity rights;
must not spread harmful misinformation such as misinformation that incites hate or prejudice, or election misinformation that may mislead or improperly influence elections or other civic processes;
must not constitute, encourage or provide instructions for illegal activity or dangerous activities that may lead to serious injury, death or self-harm, or violate any applicable law, regulation, or rule;
you must not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; and
you may not upload or share any Content that contains viruses, malware, or any code designed to interrupt, destroy, or limit the functionality of any software or hardware.
If you’ve become aware of any activities from any User (either End-User or Creator) which allegedly violate any of the obligations, restrictions or any other provisions of these Terms, and/or the applicable laws, please report such activities to us immediately so we can investigate.
If you choose to submit comments, ideas or feedback to us, you agree we can use them for the purposes of operating, developing, marketing, improving and providing the App without paying you or giving you anything in return. However, we are under no obligation to implement any received comments, ideas or feedback.
We reserve the right to archive or store any Content for platform improvement or legal compliance purposes.
b. End-User Content:
By using the App, you understand and agree that you may input personal fitness-related information. You represent that this information is accurate and voluntarily submitted.
You are free to Upload your End-User Content in the App and you assume full responsibility and liability for your End-User Content and for complying with the Content standards set forth in these Terms.
You retain ownership of any End-User Content you Upload in the App and you grant us a license on your End-User Content in the conditions and for the purposes set forth in these Terms.
c. Creator Content:
You assume full responsibility and liability for your Creator Content and for complying with the Content standards set forth in these Terms. As a Creator, you are legally responsible for all Creator Content you Upload in the App. If you are a Creator and someone else assists you with the operation of your Creator account, this does not affect your legal responsibility. Our relationship is with you, and not with any third-party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with these Terms.
Your Creator Content is not confidential, and you authorise paying End-Users to access, interact and view your Creator Content on the App. While your account is active, you are not allowed to remove from the App any Creator Content already paid by an End-User. You agree to act as custodian of records for all Creator Content you Upload to the App.
You retain ownership of any Creator Content you Upload in the App and you grant us and End-Users a license on such Creator Content in the conditions and for the purposes set forth in these Terms.
As a Creator, you warrant that, for each item of Creator Content you Upload to the App:
it complies with these Terms and all applicable laws;
you own your Creator Content (and all intellectual property rights in it) or hold all rights necessary, including licenses, to post and monetise the Creator Content on the App or the subsequent use of that Creator Content by us;
if your Creator Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Creator Content and for the subsequent use of that Content on the App and by us; and
the Creator Content is:
aligned with the Company’s efforts to promote improvement of physical, mental, and social well-being;
of satisfactory quality, taking account of any description of the Creator Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Creator Content on your account or in any advertising;
reasonably suitable for any purpose which the End-Users have made known to you; and
as described by you.
Upload of AI-Generated Content. Any AI-Generated Content you Upload as Creator Content, or is part of Creator Content, must comply with our Terms and must be clearly and conspicuously captioned as AI-Generated Content with a signifier such as #ai, or #AIGenerated. Creators are solely responsible for ensuring any AI-Generated Content Uploaded as Creator Content, or being part of Creator Content, is accurately disclosed in accordance with applicable laws, including the EU AI Act, and relevant Platform policies. Failure to do so may result in Creator Content removal or account suspension. The Company reserves the right to remove at any time and without prior notice, any Creator Content from your account in case of breach of the Terms. Creators grant us a license on the AI-Generated Content they initiate or Upload in the conditions and for the purposes set forth in these Terms for Creators Content.
Advertising & Sponsored Content. If you Upload Content to your Creator account which is designed to promote, directly or indirectly, third-party goods or services, in return for payment or other valuable consideration, then you must ensure that such Content:
does not contravene with the Company’s efforts to promote improvement of physical, mental, and social well-being;
comply with any applicable consumer law;
is not illegal, prejudicial, threatening, false, fraudulent, harmful, hateful or in violation of our Terms;
does not advertise cigarettes, other tobacco products, electronic cigarettes, illegal drugs, or any prescription-only medicine;
does not advertise, promote, or facilitate illegal gambling;
does not direct any such Content for alcoholic drinks at minors or encourage excessive consumption of alcohol;
is clearly and conspicuously labelled by including in the captions of such Content (i) a signifier such as #ad, #paidpromotion or #sponsored; and (ii) the name of the brand advertised and who paid for such Content. Disclosures must be included at the start of captions and be clearly visible without requiring a User to click 'more' or scroll. Use of misleading tags (e.g., #spon, #collab) or placement that obscures the commercial nature of the Content is strictly prohibited.
Creators are solely responsible for ensuring their promotional Content complies with all applicable advertising laws in their jurisdiction.
The Company reserves the right to remove any advertising Content that it deems non-compliant, misleading, or harmful.
d. Creator Interactions:
Creator Interactions are governed by the Agreement between End-User and Creator. We may moderate Content and we facilitate Creator Interactions by providing the App, but we are not a party to the Agreement between End-User and Creator or any other agreement between an End-User and a Creator, and we are not responsible for Creator Interactions.
Creators are solely responsible for determining any pricing applicable to Creator Interactions. Payment providers may charge currency conversion fees.
End-User Payments are exclusive of Indirect Sales Tax, which shall be added at the current rate as applicable to End-User Payments.
e. Agreement between End-User and Creator
This Agreement between End-User and Creator is legally binding, applies each time a Creator Interaction is initiated on the App, and is completed with all the other relevant provisions of these Terms which are applicable in the relationship between End-User and Creator. The only parties to this agreement are the End-User and Creator participating in the Creator Interaction. The Company is not a party to this agreement or any Creator Interaction except as set forth in this section.
1. The End-User and the Creator agree to comply at all times with the Terms.
2. The End-User entering into a Creator Interaction agrees to pay the applicable End-User Payment for the Creator Content plus any Indirect Sales Tax, which the Company is authorised to collect. The Company is also authorised to deduct the Fee and to pay out Creator Earnings.
3. The Creator agrees to provide the Creator Content to the End-User once the End-User has made the End-User Payment.
4. The User agrees not to initiate a chargeback unless the End-User disputes the Creator Interaction in good faith.
5. The Creator is solely responsible for creating and publishing Creator Content.
6. The End-User assumes all risk of accessing the Creator Content unless the Creator engages in negligence or another breach of duty.
7. The End-User acknowledges that third parties (including AIs) may assist Creators in operating their accounts and in Creator Interactions.
8. As part of a Creator Interaction, the Creator grants to End-Users a Creator Interaction licence, which permits an End-User access to Creator Content. The Creator warrants that it possesses all necessary rights to grant a Creator Interaction licence. Such license does not grant any End-User ownership rights to the Creator Content. The Creator Interaction licence expires automatically without notice:
if the End-User Payment related to the Creator Interaction was unsuccessful, charged back, or reversed;
if the End-User or Creator account is suspended, deleted, closed or otherwise terminated;
if Creator Content is removed by the Company from the Creator's account for breach of the Terms;
when an active Subscription period ends; and
if the End-User breaches the Terms and the terms of this Agreement between End-User and Creator.
9. The End-User participating in the Creator Interaction acknowledges that circumstances may prevent access to Creator Content, including if the availability of all or any part of the App is suspended or inaccessible.
f. AI-Generated Content:
Our App uses artificial intelligence (AI) technologies to enhance Users experience and provide fitness-related recommendations and insights. These AI systems analyze user-generated data to offer tailored fitness-related recommendations, exercise routines, or wellness suggestions.
Within the App you may interact with AI-Generated Content. Such AI-Generated Content was generated, adjusted, reviewed or made available through other similar actions, using artificial intelligence and user input, including data such as fitness level, preferences, goals, and interests.
All AI-generated recommendations are assistive - not binding - and you always have control over any recommended plans and you can adjust or override recommendations at any time. These recommendations are not a substitute for professional medical advice and you should seek professional medical advice before using any AI-Generated Content. You assume full responsibility for following any AI-generated recommendations or using any AI-Generated Content and agree not to hold the Company responsible for your use of any AI-Generated Content (including for your following of any AI-generated recommendations).
Some features of our App may involve automated decision-making, such as determining fitness levels or generating recommendations based on your input and behavior. These decisions are made using AI models trained on anonymized data and are regularly reviewed for fairness, accuracy, and non-discrimination.
Users Upload of AI-Generated Content. Any AI-Generated Content initiated and/or Uploaded by Users, either as a part of their Content or as the entire Content, must comply with our Terms and must be clearly and conspicuously captioned as AI-Generated Content with a signifier such as #ai, or #AIGenerated. Users are solely responsible for ensuring any of the AI-Generated Content they initiate or Upload is accurately disclosed in accordance with applicable laws, including the EU AI Act, and platform policies. Failure to do so may result in Content removal or account suspension. The Company reserves the right to remove at any time and without prior notice, any Content from your account in case of breach of the Terms. Users grant us a license on the AI-Generated Content they initiate or Upload in the conditions and for the purposes set forth in these Terms for Users Content.
Our AI system falls under the limited-risk or minimal-risk category, as defined by the EU AI Act, providing fitness and training recommendations without impacting safety or fundamental rights. Our App does not claim to diagnose, treat, or predict diseases. We ensure that the use of AI complies with the EU AI Act and applicable data protection laws, including the GDPR. We continuously monitor the regulatory landscape surrounding AI technologies and we will update our AI practices and these Terms to remain fully compliant with future obligations and to promote transparency and trust in our AI systems.
8. PROHIBITED CONDUCT:
When registering for an App account and/or when using our App and/or its features and functionalities, you must comply with all applicable legislation, and respect all third-parties rights. In particular, you may not:
copy, reproduce, distribute, modify, adapt any content from the App (e.g. images, video, posts, messages) for which you do not hold the intellectual property rights, without the Company’s, Creators’ or third-party owner’s prior written authorization, as applicable;
extract any data or content from the App using any automated system or software that is not provided or approved in writing by the Company;
use or attempt to use another User account without its permission;
engage in inauthentic commercial behaviours such as operating spam or impersonation accounts;
engage in fake review activity (including posting reviews that do not reflect your genuine experience, paying others to post fake reviews or offering services to facilitate fake reviews);
copy, reproduce, distribute, modify, translate, adapt, reverse engineer, decompile, or disassemble the App or any part of it;
interfere with, undermine, hack or disrupt the functionality, integrity, features, performance or security of the App, or the operations of the Company;
rent, lease, lend, sell, sublicense, or otherwise transfer the App to any third party;
use the App to advertise, solicit, or engage in unauthorized commercial activity;
circumvent, disable, or otherwise interfere with security-related features of the App;
use the App to develop a competing product or service, including access the App with intent and/or in order to create a comparable or similar application or software or copy any features, graphics, ideas, images, videos, intellectual property or functions of the App;
use any automated system or software to extract data or interact with the App in any unauthorized way;
use the App for any unlawful purpose, or in a manner that violates any applicable laws or regulations (this includes posting, live steaming or distributing illegal content)l
do anything that violates applicable laws, regulations, requirements, or third-party rights protected by law where you live or where we operate, including anti-corruption, anti-money laundering, counter terrorist financing, import controls, export controls and economic sanctions laws or regulations;
use, promote, or distribute any pornographic materials or any content that violates any applicable law for the protection of minors;
engage in the App in an exploitative or inappropriate way;
harass, threaten, defame or unreasonably annoy (particularly with spam) other Users, including propagating such actions;
Upload or distribute malicious software, including, but not limited to, any file that contains or redirects to a virus, worm, trojan horse, or other harmful technology or component that unlawfully accesses alternatively, downloads content or information stored within the App or on the hardware of the Company or any third party;
conduct the following activities, even if they are not against any law: (i) explicit or implicit sexual communication; (ii) usage of mechanisms, scripts, or software in combination with the App, unless explicitly allowed by the Company; (iii) actions which may impair infrastructure, particularly actions which may overload said infrastructure, or actions which may impair the App in any other manner; and
export, or re-export the App except as authorized by the laws of the jurisdiction in which the App was obtained. In particular, the App may not be exported or re-exported to countries, entities, or individuals under embargo from Norway, E.U. E.E.A., U.S., U.K., Australia, or Canada.
If you’ve become aware of any activities from any User which allegedly violate the applicable laws and/or any of these restrictions or any other provisions of these Terms, please report such activities to us immediately.
If there is concrete evidence that a User is breaking any applicable laws and regulations or the rights of third-parties, or violates any restriction set forth in these Terms, the Company is entitled at any time and without any prior notice to (i) delete any Content of such User, and/or (ii) limit and/or block access to the App of such User.
9. APP UPDATES
We may, at our sole discretion, provide Updates to the App. These Updates may be installed automatically or may require your action. These Terms will govern all such Updates unless accompanied by a separate license. If you do not agree to the changes to the App, you should stop using the App and delete your account as set forth in these Terms. Users should always use the latest, up-to-date version of the App.
We may change the App from time to time for any reason. We do not guarantee that the App, or its Content, will always be available or accessible without interruption. We may suspend, withdraw, restrict the availability, or deactivate in part or in full the App.
We may change the App compatibility with specific Devices at any time, for any reason and without further notice. We are not obliged to provide support for any specific Device and/or operating system.
10. OUR COMMITMENTS
We continuously commit to use reasonable skill and care and to act with professional diligence for so long as we choose to offer the App. We will also take all reasonable steps to keep the App a safe and secure environment for our Users. We do not promise to offer the App forever or in its current form for any particular period of time.
The content on the App is User generated content provided by the individuals and businesses that use our App. Therefore, subject to any regulations or laws applicable to the Company, we do not promise that any of the Content that you find on the App:
is accurate, complete or up-to-date;
does not infringe third party rights;
is legal; or
will not offend you.
You acknowledge that the Content you may see on the App does not represent our views or values and may not be suited to your purpose.
Nothing in these Terms affects any rights you are given by law or are legally always entitled to.
11. INTELLECTUAL PROPERTY
Creators retain all rights, title, and interest in and to any Creator Content they Upload to the App. By Uploading Creator Content, you hereby grant the Company, without any further consent, compensation, payment or notice, a non-exclusive, worldwide, royalty-free, perpetual, transferable, and sublicensable license to use, host, store, reproduce, adapt, distribute, publicly display, communicate, promote, monetize, create derivative works of such content or otherwise exploit your Creator Content (including any AI-Generated Content you initiate) for the purpose of operating, marketing, moderating, securing, and improving our App and related products and services (including to process, refine, and reproduce AI-Generated Content you initiate).
MORAL RIGHTS WAIVER – CREATORS: To the maximum extent permitted by applicable law, you waive any and all moral rights (including, without limitation, rights of attribution, rights to object to derogatory treatment, and rights to integrity of the work) you may hold in relation to any Creator Content submitted or made available through the App. This waiver permits the Company and its authorized licensees or sublicensees to use, host, store, reproduce, adapt, distribute, publicly display, communicate, promote, create derivative works of such content or otherwise exploit such Creator Content in accordance with the license granted in these Terms, without any obligation to identify the Creator as the author or to maintain the original form of the work. This waiver does not affect any rights that cannot be waived under mandatory provisions of applicable law. You acknowledge and agree that this waiver is necessary to allow the Company to host, display, personalize, and moderate content in a dynamic platform environment, and that such treatment of content does not infringe your honor or reputation.
End-Users retain ownership of any End-User Content they Upload in the App. By Uploading your End-User Content, you hereby grant the Company a non-exclusive, worldwide, royalty-free, perpetual, transferable, and sublicensable license to process, use, host, store, reproduce, adapt, distribute, publicly display, communicate, promote, monetize, or otherwise exploit your End-User Content (including any AI-Generated Content you initiate) for the purpose of operating, marketing, moderating, securing, and improving our App and related products and services (including to process, refine, and reproduce AI-Generated Content you initiate).
MORAL RIGHTS WAIVER – End-UserS: To the maximum extent permitted by applicable law, you waive any moral rights you may hold in relation to any End-User Content Uploaded in the App. This includes, without limitation, the right to object to modification, adaptation, or use of the content in a manner that may not preserve its original form or that does not attribute the content to you. This waiver does not affect any rights that cannot be waived under mandatory provisions of applicable law. You acknowledge and agree that this waiver is necessary to allow the Company to host, display, personalize, and moderate content in a dynamic platform environment, and that such treatment of content does not infringe your honor or reputation.
All rights, title, and interest in and to the App and its content, materials, and technology - including but not limited to software, source code, object code, user interface elements, text, images, graphics, video, audio, logos, domain names, branding elements, AI-generated outputs (including training plans) and other proprietary or intellectual property contained within or made available through the App - are and shall remain the exclusive property of the Company or its licensors, and are protected by intellectual property and other applicable laws.
The Company retains all rights, title, and interest in and to any data that is derived from your use of the App, provided that such data is anonymized and does not identify you as an individual. The Company may use, process, analyze, and disclose such anonymized data for any lawful purpose, including to improve the App, develop new features, conduct analytics, or for research, statistical, or commercial purposes, without further notice to or consent from you. This does not affect your rights under applicable data protection laws with respect to personal data.
Except as expressly provided below, these Terms do not grant you any ownership interest or license in or to the App or any of its content, materials, or technology, whether by implication, estoppel, or otherwise. Any rights not expressly granted herein are reserved by the Company.
Subject to your full compliance with these Terms, the Company hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
download, install, and use one (1) copy of the App on a compatible Device that you own or control; and
access and use the App and its services solely for your personal, non-commercial purposes (except that approved Creators may use the App to publish and monetize Creator Content as permitted under these Terms).
This license is granted solely for the purposes described herein and does not permit any resale, redistribution, reverse engineering, reproduction, or public display of the App or any part thereof except as expressly permitted by the Company in writing.
12. THIRD-PARTY SERVICES
These Terms are between you and the Company only, and not with Platform providers. You acknowledge that Platform providers may enforce their own terms and conditions against you.
The App may integrate with third-party services or link to third-party content (including, but not limited to, payment processors, advertisers, etc). We are not responsible for such third-party services or content, which may be subject to separate terms and conditions. Please review the terms and conditions of such third-party services prior to using their services related to our App.
13. DATA COLLECTION AND USE
Our Privacy Policy and Cookies Policy governs how we collect and use your data. By using our App, you consent to the collection and use of this data.
14. ACCESSIBILITY
We are committed to ensuring that our App, and all accompanying content, is accessible to all users, including people with disabilities, in accordance with the European Accessibility Act (EAA) and relevant standards (EN 301 549). We will continue to monitor evolving legal requirements related to accessibility and we will update our accessibility practices to remain fully compliant and ensure equal access to our App.
Our App includes the following accessibility features:
color contrast between text and background adheres to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards;
compatible with screen readers (iOS VoiceOver / Android TalkBack);
navigation available via keyboard or switch control (where applicable).
Our App is:
perceivable (information and UI is presented in ways users can perceive);
operable (all functionalities are operable via a keyboard or assistive technologies);
understandable (text is readable, navigation is predictable and consistent); and
robust (content is compatible with current assistive technologies).
If you need this document in an alternative format, experience any difficulty in accessing any part of our App or if you have suggestions to improve its accessibility, please let us know at the email address mentioned in the Contact section below and we will respond in the shortest possible time. We aim to respond to all accessibility feedback within 10 working days.
If you are not satisfied with our response, you can contact the national authority responsible for accessibility in your country or the EU body accessibility authority. The EU body responsible for monitoring and enforcing accessibility requirements, particularly under the European Accessibility Act (EAA), is the European Commission (contact: https://commission.europa.eu/about/contact_en).
15. DISCLAIMER AND LIMITATION OF LIABILITY
15.1 Disclaimers
a. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED THROUGH IT — INCLUDING BUT NOT LIMITED TO AI-GENERATED CONTENT AND CREATOR CONTENT — ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY.
WE DO NOT WARRANT THAT THE APP OR ANY CONTENT PROVIDED THROUGH IT WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE THAT AI-GENERATED CONTENT OR CREATOR CONTENT WILL BE SAFE, EFFECTIVE, OR SUITABLE FOR YOUR PERSONAL NEEDS.
WE DO NOT WARRANT THAT WE WILL KEEP INDEFINITELY THE INITIAL SERVICES OFFERED THROUGH THE APP AND WE RESERVE THE RIGHT TO OFFER IN THE FUTURE THROUGH THE APP ANY OTHER SERVICES DIFFERENT FROM THOSE OFFERED AT THE TIME OF A USER’S ACCOUNT REGISTRATION.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR OWN RISK.
b. Training and Coaching Disclaimer
The App offers two primary training features:
AI-Generated training recommendations and plans: these are automatically generated based on data provided by you (such as fitness level, goals, preferences) using artificial intelligence systems; and
personalized coaching and guidance from Creators: these are personalized messages, training, routines, or guidance offered directly by Creators.
These features are provided solely for informational, motivational, and entertainment purposes only. They do not constitute, and are not intended to replace professional medical advice, diagnosis, treatment, or professional coaching relationships. The App is not a medical device.
By using these features, you acknowledge and agree to the following:
You are solely responsible for assessing your own health, physical condition, fitness status and ability to participate in any recommended training activities or Events featured on the App. We do not provide medical, therapeutic, or clinical services and we strongly recommend consulting a physician before beginning any exercise program. All AI-generated recommendations are based solely on the information you provide and may not consider underlying medical or physiological conditions. If you experience pain or discomfort, you should immediately stop and seek medical attention;
Creator coaching represents the views and opinions of Creators, who are not employed by or acting on behalf of us in a professional medical or coaching capacity; and
Any reliance on AI-Generated Content or Creator coaching is done entirely at your own risk.
While the App may allow interaction with Creators, we do not guarantee the availability, responsiveness, or quality of Creators communication, and we are not responsible for the Content, behavior, or availability of Creators.
AI-GENERATED CONTENT (INCLUDING TRAINING RECOMMENDATIONS AND PLANS) AND PERSONALIZED COACHING (INCLUDING CREATORS-LED EVENTS) PROVIDED THROUGH THE APP DO NOT ACCOUNT FOR INDIVIDUAL MEDICAL HISTORY OR HEALTH CONDITIONS OF USERS. WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY HARM, INJURY, OR ADVERSE OUTCOME EXPERIENCED BY USERS WHO SUFFER FROM ANY KNOWN OR UNKNOWN MEDICAL CONDITIONS, INCLUDING BUT NOT LIMITED TO CHRONIC OR ACUTE DISEASES, PAST OR CURRENT INJURIES, PHYSICAL LIMITATIONS, DISABILITIES, OR OTHER HEALTH ISSUES THAT MAY AFFECT USERS ABILITY TO PARTICIPATE IN PHYSICAL TRAINING OF ANY SORT THROUGH THE MEANINGS OF OUR APP.
USERS PARTICIPATION IN CREATORS-LED EVENTS OR EVENTS ORGANIZED BY US THROUGH THE APP OR USERS USE OF ANY AI-GENERATED CONTENT (INCLUDING TRAINING RECOMMENDATIONS AND PLANS) IS STRICTLY VOLUNTARY AND AT USERS OWN RISK. WE DISCLAIM ALL LIABILITY AND CANNOT BE HELD LIABLE FOR ANY ISSUES, INJURY, ILLNESS, OR DAMAGES RESULTING FROM USERS PARTICIPATION IN CREATORS-LED EVENTS (INCLUDING FOR IN-PERSON PARTICIPATION) OR FOR THEIR USE OF AI-GENERATED CONTENT (INCLUDING TRAINING RECOMMENDATIONS AND PLANS) OR CREATORS ADVICE.
CREATORS ARE NOT EMPLOYEES OR AGENTS OF THE COMPANY AND ACT INDEPENDENTLY. WE ARE NOT INVOLVED IN ANY CREATORS-LED EVENTS. THE CONDITIONS OF THE EVENTS ARE SET EXCLUSIVELY BY CREATORS AND USERS ARE FULLY RESPONSIBLE FOR ATTENDING ANY SUCH EVENTS.
c. Jurisdiction-Specific Disclaimers
General:
OUR APP IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, OR TREATMENT. USERS SHOULD CONSULT THEIR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW TRAINING / FITNESS PROGRAM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ACCEPTS NO LIABILITY FOR ANY PERSONAL INJURY, ILLNESS, HARM OR DAMAGES RESULTING FROM THE USE OR MISUSE OF THE APP AND/OR THE APP’S FEATURES (INCLUDING AI-GENERATED CONTENT OR CREATOR CONTENT), OR SUFFERED AS A RESULT OF FOLLOWING TRAINING RECOMMENDATIONS OR PLANS WHERE USERS HAVE A MEDICAL CONDITION, INCLUDING BUT NOT LIMITED TO PAST OR PRESENT INJURIES, CHRONIC OR ACUTE HEALTH CONDITIONS, PHYSICAL LIMITATIONS, OR ANY OTHER HEALTH ISSUE THAT MAY AFFECT USERS ABILITY TO TRAIN SAFELY.
European Union & Norway (EEA):
Our App is considered a digital service under Directive (EU) 2019/770 and its national implementations. Users have the right to receive a service that conforms to the contract. However, we do not guarantee that the Content (including AI-Generated Content or Creator Content) is fit for a particular health purpose. In the event of non-conformity, remedies under applicable national consumer laws (e.g. Norwegian consumer purchases act or similar) may apply. Nothing in this Agreement shall exclude or limit liability for death or personal injury caused by gross negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded under applicable consumer law.
United States:
Some states do not allow the exclusion or limitation of certain damages or warranties. If these laws apply to you, some or all of the above disclaimers and limitations may not apply. In such cases, our liability will be limited to the maximum extent permitted by law.
United Kingdom:
This disclaimer does not affect your statutory rights under the Consumer Rights Act 2015, including the right to digital content that is of satisfactory quality, fit for purpose, and as described. However, you agree and acknowledge that the Company cannot and does not warrant that any training content (including AI-Generated Content and Creator Content) is suitable for your specific health profile or medical condition.
15.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, LICENSORS, PARTNERS, CONTRACTORS OR SUBCONTRACTORS BE LIABLE TO YOU FOR:
ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, DATA, GOODWILL, BUSINESS INTERRUPTION, OR PERSONAL INJURY, ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF THE APP OR THE PERFORMANCE OF THE APP, INCLUDING RELIANCE ON AI-GENERATED CONTENT OR CREATOR COACHING—EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DAMAGES CAUSED BY ORDINARY NEGLIGENCE UNLESS SUCH NEGLIGENCE CONSTITUTES A BREACH OF A MATERIAL CONTRACTUAL OBLIGATION. IN SUCH CASES, LIABILITY SHALL BE LIMITED TO TYPICAL AND FORESEEABLE DAMAGES AT THE TIME THE AGREEMENT WAS ENTERED INTO. A MATERIAL OBLIGATION IS ONE THAT IS ESSENTIAL FOR THE FULFILLMENT OF THIS AGREEMENT AND ON WHICH USERS MAY LEGITIMATELY RELY.
ANY LOST, STOLEN, OR COMPROMISED USER ACCOUNTS, PASSWORDS, EMAIL ACCOUNTS, OR ANY RESULTING UNAUTHORISED ACTIVITIES OR RESULTING UNAUTHORISED PAYMENTS OR WITHDRAWALS OF FUNDS.
FORCE MAJEURE: THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE, NOR BE DEEMED TO HAVE DEFAULTED UNDER OR BREACHED THIS AGREEMENT, FOR ANY FAILURE OR DELAY IN FULFILLING OR PERFORMING ANY TERM OF THIS AGREEMENT WHEN AND TO THE EXTENT SUCH FAILURE OR DELAY IS CAUSED BY OR RESULTS FROM ACTS BEYOND OUR REASONABLE CONTROL, SUCH AS, BUT NOT LIMITED TO, FORCE MAJEURE EVENTS AS DEFINED AND INTERPRETATED BY NORWAY APPLICABLE LAW.
IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR SUBSCRIPTIONS (OR, IN THE CASE OF CREATORS, THE TOTAL FEE AMOUNT RETAINED BY THE COMPANY FROM A CREATOR) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY WHERE IT WOULD BE UNLAWFUL TO DO SO.
16. INDEMNITY
You agree to indemnify, defend and hold harmless the Company, its affiliates, partners, representatives, contractors, subcontractors, licensors, agents, officers and employees from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of your use of the App and/or your Content, and/or your violation of these Terms, and/or your violation of any law or third-party rights.
17. TERMINATION
If we suspect you have breached the Terms, we are entitled while we investigate, at any time and without necessarily any prior notice, to restrict or take down some or all of your Content, and/or suspend your access to your account and/or some or all features of the App.
While we will always act reasonably and objectively when exercising these rights, we might temporarily suspend, permanently restrict or terminate your account, or impose limits on, or restrict your access to features of the App if:
we determine that you are in material or repeated breach of these Terms;
we have grounds to believe you are about to seriously breach these Terms;
we are legally required to do so; or
it is necessary to deal with a serious technical or security issue.
In case of your violation of the Terms, we are entitled to terminate your license to use the App and temporarily suspend or permanently disable your access to the App, at any time and without necessarily any prior notice.
We will normally let you know before we suspend or terminate your account. However, it may not always be appropriate for us to do so or we may reasonably believe that continued access to your account will cause material damage to us, our Users, or other third parties, or we may be legally prevented from doing so. Thus, suspension or termination may happen without prior notice if special circumstances justify immediate action.
We monitor for underage use and will suspend (whilst we investigate) or terminate your account if we reasonably suspect you are underage or are allowing someone underage to use your account.
You can appeal our decision to suspend or terminate your account if you think we have made a mistake. You may submit your appeal to us by email (only once against a particular decision), in maximum 30 days after the date we notified you of the decision to suspend or terminate your account, otherwise you waive the right to dispute the decision. We will review our decision, decide again, and let you know our decision in maximum 30 days from your appeal receiving. If, upon deciding again, our suspension or termination action (i) was not justified, then we will restore your access; or (ii) was justified, then we will maintain our initial decision.
If you commence any proceedings (such as, but not limited to, claim or cause of action) against us, we reserve the right to terminate your account to minimise the risk of potential harm to us (including our App), and/or to the App’s community.
Upon termination for any reason whatsoever, your license to use the App shall immediately cease and you must delete all copies of the App from your Device. If your account is terminated, we may deal with your Content in accordance with our Privacy Policy and you will not be able to access your Content after your account is terminated.
18. CHANGES TO THESE TERMS
We may make changes to these Terms from time to time. We will give you reasonable advance notice through the App or by email of any significant (material) changes which will impact you and confirm the date they will come into force. The changes will only apply from that date. You may delete your account before the changes take effect. Where permitted, we may change any part of the Terms without notice.
When we make time-sensitive changes for security, safety, legal or regulatory reasons, we may not give you advance notice, but we will let you know as soon as we are able to.
Reasons we might make changes to these Terms or the App include, but are not limited to:
changes in circumstances beyond our reasonable control;
changes in the law;
changes we make to the App in the usual course of developing our product;
to adapt to new technologies;
to address a security issue;
to make the Terms clearer or easier to understand, or to correct administrative errors.
By continuing to access or use the App after the date on which the changes to the Terms or the App become effective, you agree to be bound by the revised Terms. If you do not agree to the changes to the Terms, you should stop using the App and delete your account as set forth in these Terms.
19. GENERAL
You cannot transfer, assign, or subcontract your rights or obligations under these Terms to any third-party. Our rights and obligations under these Terms can be assigned or transferred by us to others, and we may delegate the performance of any of our obligations under these Terms to any third-party. If we do so, this will not negatively affect any rights you may have as a consumer, and, in addition, you will have the right to terminate this Agreement and stop using the App at any time.
These Terms form the entire agreement between us and you regarding your access to and use of the App, and supersede any and all prior oral or written understandings or agreements between us and you.
If any provision of these Terms is or become, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by applicable law.
20. RESOLVING DISPUTES
a. Informal Dispute Resolution
If there is a dispute between you and us, we will first try and resolve such dispute with you amicably. If you have any kind of dissatisfaction in your relationship with us, you agree to first notify us and try achieving an amicable solution before bringing any claim against us. This provision is a material inducement to allow you to use the App.
Any dispute, claim, legal action or proceeding arising out of or in connection with your Agreement with us or your use of the App (including non-contractual disputes or claims) for which an amicable solution could not be achieved between you and us, shall be brought exclusively in the courts of Oslo, Norway, and you hereby consent to the exclusive jurisdiction and venue of such courts.
Except where prohibited by applicable law, any claim or cause of action against us must be filed within the earlier of one year after the date on which such claim or cause of action arose or the date on which you learned or should have learned of the facts giving rise to the cause of action, or that claim is expressly waived and cannot be brought.
b. Alternative Dispute Resolution (Only for EEA Consumers, including Norway):
If you are a consumer residing in Norway or any other country within the European Economic Area (EEA), you have the right to use the European Commission’s Online Dispute Resolution (ODR) platform for resolving disputes related to online purchases and services out of court. The platform is available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to participate in dispute resolution proceedings before a consumer arbitration board unless required by applicable law. However, you may use the ODR platform to contact a neutral dispute resolution body.
Consumers residing in Norway may also contact Forbrukertilsynet (the Norwegian Consumer Authority) or submit complaints to the Norwegian Consumer Council at: https://www.forbrukerradet.no/
Users may also have the right to lodge a complaint with the regulatory authority in the EU country in which they are located (or established in the case of corporate entities).
21. GOVERNING LAW
To the greatest extent permitted by the laws of the place where you live, your Agreement with us is governed by the laws of Norway, without regard to its conflict of laws principles. By using our App you agree to Norway laws to be applied to any dispute, claim, legal action or proceeding arising out of or in connection with your Agreement with us or your use of the App, including non-contractual disputes or claims.
22. CONTACT
If you have any questions about these Terms or you want to exercise any of your rights, please contact us at: support@acegame.app