Terms of Use

General Terms

By downloading, installing, or using the Spartn app ("App") provided by Clevor, Ltd. ("we," "us," or "our"), located at 2020 N Academy Blvd, Ste 261 #2461, Colorado Springs, CO 80909, you agree to be bound by these Terms of Use ("Terms"). These Terms govern your use of the App and its services, including in-app subscriptions (collectively, the "Spartn Service"). If you do not agree to these Terms, do not use the App. These Terms are a contract between you and Clevor, Ltd. In these Terms, "you" refers to you as an individual or the entity you represent.

1. License

We grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App on your device strictly in accordance with these Terms. This license is for personal, non-commercial use only, unless otherwise agreed in writing.

2. In-App Subscriptions and Purchases

a. Spartn Pro Subscriptions

The App offers in-app subscriptions (Spartn Pro Monthly for $9.99/month and Spartn Pro Yearly for $69.99/year) to unlock premium features, such as Smart Coach planning and insights, AI workout and meal plan generation, Eat Out restaurant meal recommendations, voice-based food tracking, recipe nutrition insights, insightful analytics, priority support, and early access to new features. The yearly subscription includes a 3-day free trial. Feature availability may vary by account, platform, and rollout status. The following applies:

• ✓Payment Processing: Subscriptions are processed via Apple's StoreKit. Payments are handled by Apple, and we do not store your payment information (e.g., credit card details).
• ✓Free Trial: The yearly subscription includes a 3-day free trial. You may cancel during the trial without charge via the App Store. After the trial, the subscription auto-renews unless canceled at least 24 hours before the renewal date.
• ✓Cancellation: You can manage or cancel subscriptions in the App Store under your Apple ID settings. Upon cancellation, premium features will be disabled, and your subscription status in our database will update to "inactive."
• ✓Restore Purchases: Use the "Restore Purchases" feature in the App to sync prior purchases with our database.
• ✓Refunds: Refunds are handled by Apple per their App Store policies. Contact us at [email protected] for assistance with subscription issues.

b. Trainer Marketplace — One-Time Program Purchases

In addition to subscription-based training plans, trainers may offer standalone programs for purchase (e.g., a 12-week workout program) as a one-time payment. The following applies to these purchases:

• ✓Payment Processing: Program purchases are processed via Stripe Embedded Checkout. You may pay with a credit or debit card, or Apple Pay where available. We do not store your full payment card details.
• ✓Program Delivery: Upon successful payment, a claim token is issued and the program is delivered to your Spartn account. Access is tied to your account and may not be transferred.
• ✓Refunds: One-time program purchases are generally non-refundable after delivery. Contact [email protected] within 24 hours of purchase if you encounter a technical issue preventing access.

c. AI, Fitness, and Nutrition Features

Spartn may provide AI-assisted features, including Smart Coach weekly plans, recovery insights, step goals, meal plans, recipes, calorie and macro estimates, food images, generated workouts, and trainer program sales content. These outputs are for informational and planning purposes only.

• ✓Spartn does not provide medical advice, diagnosis, treatment, dietitian services, emergency services, or professional health care.
• ✓AI-generated or algorithmic outputs may be incomplete, inaccurate, inappropriate for your body, goals, equipment, injuries, medical conditions, or diet, and should be reviewed before use.
• ✓You are responsible for exercising safely and consulting a qualified medical or nutrition professional before starting any exercise or nutrition plan, especially if you have a medical condition, injury, pregnancy, or dietary restriction.

3. Restrictions

You agree not to, and will not permit others to:

• ✓License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the App or make it available to any third party.
• ✓Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the App.
• ✓Remove, alter, or obscure any proprietary notice (including copyright or trademark notices) of Clevor, Ltd. or its affiliates, partners, or licensors.

4. User Conduct

You agree to use the App in compliance with all applicable laws and regulations. You will not:

• ✓Use the App for any unlawful purpose or in a way that violates the rights of others.
• ✓Upload or transmit harmful content, including viruses, malware, or other destructive code.
• ✓Interfere with or disrupt the App's functionality or servers, including via unauthorized access or hacking.

5. Account and Security

You are responsible for maintaining the confidentiality of your account credentials (e.g., Firebase Authentication user ID). Notify us immediately at [email protected] if you suspect unauthorized access to your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

6. Intellectual Property

The App and its contents, including but not limited to text, images, designs, workouts, and recipes, are owned by Clevor, Ltd., its licensors, or other providers and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not copy, modify, reproduce, or distribute any part of the App without our prior written permission, except as expressly allowed in these Terms.

7. Third-Party Services

The App and Platform use third-party services, including:

• ✓Firebase (Google LLC): For authentication, data storage, push notifications (FCM), and analytics. See Google's Terms of Service.
• ✓Apple StoreKit: For Spartn Pro in-app subscription processing. See Apple's Terms of Service.
• ✓Stripe: For trainer marketplace payment processing, subscription management, program purchases, and trainer payouts via Stripe Connect. See Stripe's Terms of Service.
• ✓Amazon Web Services (AWS): For transactional email delivery via AWS Simple Email Service (SES). See AWS Service Terms.
• ✓Sentry: For error monitoring and crash reporting in the App and web Dashboard. See Sentry's Terms of Service.
• ✓New Relic: For app performance monitoring in the iOS app. See New Relic's Terms of Service.
• ✓Google AdMob: For displaying advertisements in the App to non-subscriber users. See Google's Terms of Service.
• ✓LaunchDarkly: For feature flag management used to control feature availability. See LaunchDarkly's Terms of Service.
• ✓OpenAI: For AI-assisted workout, Smart Coach, meal plan, recipe, image, and trainer content generation. AI providers process inputs as service providers for Spartn features.

We are not responsible for the accuracy, completeness, or availability of these third-party services. Your use of them is at your own risk and subject to their respective terms.

8. Termination

We may suspend or terminate your access to the App at our sole discretion, with or without notice, for any reason, including violation of these Terms. You may terminate this agreement by deleting the App and all copies from your device. Upon termination, you must cease all use of the App, and your access to premium features will be disabled.

9. No Warranties

The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the App will be uninterrupted, error-free, or free of viruses or other harmful components. Some jurisdictions may not allow the exclusion of implied warranties, so some exclusions may not apply to you.

10. Limitation of Liability

To the maximum extent permitted by law, Clevor, Ltd. and its affiliates, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, or consequential damages (including loss of data, profits, or privacy) arising from your use of or inability to use the App, even if advised of the possibility of such damages. Our total liability is limited to the amount you paid for the App, if any. Some jurisdictions do not allow such limitations, so this may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Clevor, Ltd., its affiliates, officers, employees, agents, and licensors from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the App, violation of these Terms, or violation of any third-party rights.

12. Dispute Resolution

Notice of Dispute: In the event of a dispute, you or we must send a written Notice of Dispute to [email protected] (for you) or your provided email or address (for us), including the party's name, address, contact information, facts of the dispute, and requested relief. We will attempt to resolve the dispute informally within 60 days.

Binding Arbitration: If unresolved, disputes (except those related to intellectual property rights) will be settled by binding arbitration under the American Arbitration Association's commercial arbitration rules. You waive the right to litigate disputes in court. The prevailing party's legal fees and costs shall be borne by the non-prevailing party. Arbitration will occur in Colorado Springs, CO, unless otherwise agreed.

13. Governing Law

These Terms are governed by the laws of the State of Colorado, USA, without regard to its conflict of law principles. Any legal action not subject to arbitration will be brought exclusively in the courts of Colorado Springs, CO.

14. Changes to These Terms

We may modify these Terms at our discretion. Material changes will be notified via the App or email at least 30 days before taking effect. By continuing to use the App after changes, you agree to the revised Terms. If you do not agree, you must stop using the App and delete your account.

15. Contact Us

For questions or concerns about these Terms, contact us at:

• Email: [email protected]
• Address: 2020 N Academy Blvd, Ste 261 #2461, Colorado Springs, CO 80909

Thank you for using Spartn!