Terms of Service

These Terms of Service (“Agreement” or “Terms”) govern your access to and use of the ProveUp mobile application (iOS and Android), including all content, features, and services made available through the Application (collectively, the “Service”), operated by ProveUp (“ProveUp,” “Company,” “we,” “us,” or “our”).

By downloading, installing, registering for, accessing, or using the Service in any manner, you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated by reference, including our Privacy Policy and Camera, Microphone & Biometric Data Policy. If you do not agree to these Terms in their entirety, you must immediately cease all use of and delete the Application.

These Terms apply to all visitors, registered users, and others who access or use the Service, regardless of the platform or device used.

Capitalized terms used in these Terms shall have the following meanings:

“Application” means the ProveUp mobile software application distributed for iOS and Android platforms, together with all updates, upgrades, patches, bug-fixes, and successor versions thereof.

“AI Coach” means the artificial-intelligence interactive interface powered by a large language model (“LLM”) and supporting speech-to-text (“STT”) and text-to-speech (“TTS”) technologies, embedded in the Application, that assists Users during onboarding and remains available for fitness guidance during use. The AI Coach operates primarily as a voice interface: the User speaks into the device microphone, the User’s speech is converted to text, processed by the LLM, and the response is returned as synthesized speech and/or text.

“Voice Input” means any audio captured by the device microphone while the User is interacting with the AI Coach or any other voice-enabled feature of the Application.

“Voice Transcript” means the textual representation of Voice Input produced by the STT process.

“Avatar” means the three-dimensional digital representation of a User generated and displayed within the Application.

“Battle” means a real-time competitive exercise session between two or more Users conducted within the Application, wherein the AI-Tracking System monitors and scores physical exercise performance. The term “Battle” includes both Competitive Battles and Friendly Battles, as defined below.

“Competitive Battle” means a Battle conducted in ranked, matchmaking, or tournament mode, in which Energy is consumed upon participation and XP and/or Points may be awarded based on the outcome.

“Friendly Battle” means a Battle conducted between Users in a non-ranked, casual or invitation-based mode (for example, a private match between known opponents). Friendly Battles are operated for entertainment purposes only: no Energy is consumed upon participation, and no XP, Points, Virtual Goods, or other in-Application rewards are awarded based on participation or outcome. Results of Friendly Battles do not affect any leaderboard ranking, level progression, or competitive standing within the Application.

“AI-Tracking System” means the computer-vision and machine-learning software integrated into the Application that analyzes live Video Stream data captured by the User’s device camera to detect, classify, and count physical movements and repetitions.

“Video Stream” means the continuous, real-time audiovisual data feed captured by the built-in camera of a User’s mobile device during use of the AI-Tracking System.

“Energy” means a non-monetary, non-transferable digital unit of account within the Application that is consumed upon participation in a Competitive Battle and replenished over time or through Solo Training sessions. Energy is not consumed in Friendly Battles or Solo Training.

“XP” means experience points, a non-monetary, non-transferable digital unit of account within the Application awarded for participation in Competitive Battles and completion of Missions, used solely to determine a User’s in-Application level. XP is not awarded for Friendly Battles.

“Points” means a non-monetary, non-transferable virtual currency native to the Application earned through Competitive Battles, Missions, and daily logins, redeemable exclusively for Virtual Goods within the Application’s in-Application Store. Points are not awarded for Friendly Battles.

“Virtual Goods” means all in-Application digital items, including cosmetic equipment (“Gear”), Avatar enhancements, boosts, and other digital content purchasable within the in-Application Store exclusively for Points.

“BCS Arena” means the third-party website operated by an entity unaffiliated with ProveUp to which the Application provides a navigational hyperlink, and on which certain rewards programs may be made available to Users.

“COPPA” means the Children’s Online Privacy Protection Act of 1998, 15 U.S.C. §§ 6501–6506, and all regulations promulgated thereunder, including 16 C.F.R. Part 312.

“Mission” means a structured in-Application challenge or objective that, upon completion, awards the User XP, Energy, or Points.

“Personal Information” means has the meaning ascribed to it under applicable law, including without limitation the California Consumer Privacy Act and applicable Delaware privacy statutes.

“Solo Training” means a single-User exercise session performed before the device camera in which the AI-Tracking System monitors movement without a real-time opponent. No Energy is consumed and Solo Training may award XP and/or Points only where expressly indicated in-Application.

2.1 General Age Requirement

The Service is designed for users who are thirteen (13) years of age or older. By using the Service, you represent and warrant that you are at least thirteen (13) years of age. If you are under thirteen (13) years of age, you are strictly prohibited from registering for or using the Service.

2.2 Users Under Eighteen — Parental or Guardian Consent (MVP)

If you are at least thirteen (13) but under eighteen (18) years of age (“Minor User”), your use of the Service is conditioned upon the consent of your parent or legal guardian.

During the current MVP release of the Application, ProveUp obtains such consent through a self-attestation mechanism: at registration each User is required to confirm, by means of a date-of-birth entry and an express checkbox attestation, that the User is at least eighteen (18) years of age or, if the User is between thirteen (13) and seventeen (17) years of age (inclusive), that the User has obtained the consent of a parent or legal guardian to use the Service. By checking such box and continuing to use the Service, the User (and, where applicable, the parent or guardian on whose behalf the attestation is made) confirms that consent has been obtained.

By permitting a Minor User to use the Service, the parent or guardian:

(a) agrees to these Terms on behalf of the Minor User;

(b) assumes full responsibility and liability for the Minor User’s compliance with these Terms;

(c) consents to the collection, use, storage, and transmission of data generated by the Minor User as described in these Terms and in the Privacy Policy, including data described in Sections 5 and 5A; and

(d) acknowledges the physical activity risks described in Section 10 and accepts responsibility for evaluating whether use of the Service is appropriate given the Minor User’s health status.

ProveUp reserves the right, at any time and in its sole discretion, to request additional proof of age or parental consent and to suspend or terminate accounts where eligibility cannot be reasonably confirmed. ProveUp may, in subsequent (non-MVP) releases of the Application, introduce additional verification measures consistent with applicable law; in such case, these Terms will be updated accordingly.

2.3 COPPA Compliance

The Service is not directed to children under thirteen (13) years of age. ProveUp does not knowingly solicit, collect, or maintain Personal Information from children under the age of thirteen (13). The eligibility gate described in Section 2.2 is intended to prevent registration by such children. If we become aware that we have inadvertently collected Personal Information from a child under thirteen (13), we will promptly delete such information. Parents or guardians who believe that a child under thirteen (13) has provided Personal Information should contact us at alpetpon51pro@gmail.com.

2.4 Account Authority

If you are creating an account on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms “you” and “your” shall refer to such entity.

3.1 Registration Methods

Users may register an account through the following authentication methods: (a) Apple Sign-In; (b) Google Sign-In; or (c) telephone number verification via one-time passcode delivered via SMS. By registering through a third-party authentication provider, you authorize ProveUp to access and use certain account information from such provider consistent with the scope of permissions you grant and consistent with our Privacy Policy.

3.2 Profile Information

During registration, you will be prompted to provide: (a) a unique username or nickname; (b) your first and last name; (c) date of birth; (d) gender; (e) country of residence; (f) height; and (g) weight. You represent and warrant that all information submitted is accurate, current, and complete, and you agree to maintain and update such information as necessary.

3.3 Account Security

You are responsible for maintaining the confidentiality of your authentication credentials and for all activities that occur under your account. You agree to notify ProveUp immediately at alpetpon51pro@gmail.com of any actual or suspected unauthorized use of your account. ProveUp shall not be liable for any loss or damage arising from your failure to comply with the foregoing obligations.

3.4 Account Deletion

You may request deletion of your account at any time through the in-Application settings or by contacting us at alpetpon51pro@gmail.com. ProveUp will handle retained data as described in the Privacy Policy and in Section 5 of these Terms.

4.1 Limited License

Subject to your continued compliance with these Terms, ProveUp grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Application on a mobile device that you own or control, solely for your personal, non-commercial use. All rights not expressly granted herein are reserved by ProveUp.

4.2 Restrictions on Use

You agree that you will not, and will not permit or facilitate any third party to:

• copy, modify, translate, adapt, or create derivative works of the Application or any portion thereof;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application;
• rent, lease, lend, sell, sublicense, assign, distribute, or otherwise transfer or make available the Application to any third party;
• remove, alter, or obscure any proprietary notices, labels, or marks on the Application;
• use the Application to develop competing products or services;
• circumvent, disable, or interfere with any technical protection measures, security features, or access controls;
• use automated scripts, bots, scrapers, or other automated means to access, collect data from, or interact with the Application;
• use the Application in any manner that could damage, disable, overburden, impair, or compromise the Application or ProveUp’s servers;
• access or use the Application for any unlawful purpose or in violation of any applicable federal, state, local, or international law or regulation;
• attempt to gain unauthorized access to any portion of the Application, other User accounts, or any ProveUp servers or systems; or
• use the Application to upload, post, transmit, or share any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable, including via Voice Input.

4.3 Updates and Modifications

ProveUp reserves the right, in its sole discretion and without prior notice, to modify, update, upgrade, add to, or remove features from the Application at any time. Certain updates may be required to continue using the Application.

IMPORTANT NOTICE: The AI-Tracking System requires access to your device camera and transmits your Video Stream to ProveUp’s servers for real-time processing. By activating any feature that uses the AI-Tracking System — including Competitive Battles, Friendly Battles, and Solo Training — you expressly consent to the practices described in this Section.

5.1 Camera Access and Permission

The AI-Tracking System requires access to the front or rear camera of your mobile device. When you first attempt to use a Battle (Competitive or Friendly) or Solo Training session, the Application will prompt your device’s operating system to request camera access permission. If you do not grant this permission, AI-Tracking System functionality will not be available, though other Application features may remain accessible.

5.2 Real-Time Video Transmission

By activating the AI-Tracking System, you expressly authorize and consent to the following data processing activities:

(a) Capture: Your device’s camera will capture a continuous Video Stream of your physical person while the AI-Tracking System feature is active.

(b) Transmission: The Video Stream (or extracted motion/pose data derived from the Video Stream) is transmitted in real time to ProveUp’s servers and/or authorized third-party computer-vision processing infrastructure for analysis by the AI-Tracking System.

(c) Processing: The AI-Tracking System analyzes the Video Stream to detect body position, movement patterns, and exercise repetitions for the purpose of tracking and scoring your physical performance within the Application.

(d) Storage: ProveUp’s data retention practices with respect to Video Stream data and derived analytics data are set forth in Sections 5.3 and 5.4 below and in the Privacy Policy.

You may withdraw consent to Video Stream processing at any time by revoking camera permissions within your device’s operating system settings. Withdrawal of consent will disable AI-Tracking System functionality but will not affect the validity of processing carried out prior to withdrawal.

5.3 Nature of Video Data

The Video Stream may capture images of your body, including physical characteristics that may constitute biometric data under certain state laws (for example, the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1 et seq., or similar statutes). To the extent such data constitutes biometric data under applicable law, ProveUp shall handle such data in accordance with applicable legal requirements, including any applicable notice, consent, and retention requirements. ProveUp does not sell biometric data.

5.4 Data Retention and Deletion

• Raw Video Stream frames will not be retained beyond the duration of a session unless required for dispute resolution, fraud prevention, or compliance with applicable law.
• Aggregated or anonymized motion analytics data derived from Video Stream processing may be retained for product improvement purposes in a form that does not identify individual Users.
• Upon account deletion, User-specific Video Stream data and identifiable derived data will be deleted within thirty (30) days, subject to any legally mandated retention obligations.

5.5 Third-Party CV/ML Processors

ProveUp may engage authorized third-party subprocessors to provide computer-vision and machine-learning infrastructure for the AI-Tracking System. All such subprocessors are contractually required to: (a) process Video Stream data solely for the purpose of providing the AI-Tracking System; (b) maintain appropriate technical and organizational security measures; and (c) delete or return Video Stream data upon termination of the subprocessor engagement.

5.6 User Responsibilities

You are solely responsible for ensuring that: (a) you use the AI-Tracking System in an environment where you have a reasonable expectation of privacy; (b) no third parties appear on-camera without their consent; and (c) you comply with all applicable laws regarding recording or capturing images of individuals.

IMPORTANT NOTICE: The AI Coach is a voice-enabled feature. Use of the AI Coach requires access to your device microphone and involves the transmission of Voice Input or Voice Transcripts to ProveUp’s servers and to authorized third-party speech and language processing providers. By activating the AI Coach you expressly consent to the practices described in this Section.

5A.1 Microphone Access and Permission

The AI Coach and any other voice-enabled feature of the Application require access to the microphone of your mobile device. When you first attempt to use the AI Coach, the Application will prompt your device’s operating system to request microphone access permission. If you do not grant this permission, voice-based interaction with the AI Coach will not be available; you may, where supported, continue to interact with the AI Coach in text mode.

5A.2 Voice Processing Pipeline

By activating the AI Coach or any other voice-enabled feature, you expressly authorize and consent to the following data processing activities:

(a) Capture: The device microphone captures Voice Input only while the AI Coach session is active and you are actively speaking to it.

(b) Speech-to-Text (STT): The Voice Input is transmitted, in real time and over an encrypted channel, to ProveUp’s servers and/or to an authorized third-party STT provider, where it is converted into a Voice Transcript.

(c) LLM Processing: The Voice Transcript is processed by the LLM service powering the AI Coach (which may be operated by ProveUp or by an authorized third-party LLM provider) to generate a response.

(d) Text-to-Speech (TTS): The LLM response is converted into synthesized speech by ProveUp and/or an authorized third-party TTS provider, and returned to the Application for playback.

5A.3 Third-Party Speech and LLM Providers

Voice Input, Voice Transcripts, and LLM prompts and responses may be processed by authorized third-party subprocessors (including, without limitation, STT, TTS, and LLM providers). All such subprocessors are contractually required to: (a) process such data solely for the purpose of providing the relevant service to ProveUp; (b) refrain from using such data to train their own foundation models except to the extent expressly permitted under their applicable terms and consistent with the Privacy Policy; (c) maintain appropriate technical and organizational security measures; and (d) delete or return such data upon termination of the subprocessor engagement.

5A.4 Audio Storage and Retention

• Raw Voice Input (audio) is not retained by ProveUp beyond the duration of a session; audio data is used solely for real-time STT conversion and is discarded once the corresponding Voice Transcript has been produced, except where short-term buffering is technically required to deliver the service or where retention is required for fraud prevention or compliance with applicable law.
• Voice Transcripts and AI Coach responses may be logged in accordance with Section 6.4 and the Privacy Policy.
• Aggregated or anonymized voice-derived analytics data (for example, latency or error metrics that do not identify individual Users) may be retained for product improvement purposes.
• Upon account deletion, identifiable Voice Transcripts associated with your account will be deleted within thirty (30) days, subject to any legally mandated retention obligations.

5A.5 Withdrawal of Consent

You may withdraw consent to microphone-based processing at any time by revoking microphone permissions within your device’s operating system settings. Withdrawal of consent will disable voice-based features but will not affect the validity of processing carried out prior to withdrawal.

5A.6 User Responsibilities

You are solely responsible for ensuring that: (a) you use voice-enabled features in an environment where you have a reasonable expectation of privacy; (b) no third party is recorded by the microphone without their consent; (c) you do not submit, via Voice Input, sensitive personal information of yourself or any third party, including health information, financial data, or government identification numbers; and (d) you comply with all applicable laws regarding recording of voice or audio of individuals.

6.1 AI Coach — Voice-Enabled LLM Interface

The Application integrates an AI Coach powered by a large language model and supplemented by speech-to-text and text-to-speech technologies, as further described in Section 5A. The AI Coach is designed to assist with onboarding, collect profile information through an interactive interface (primarily by voice), and provide general fitness guidance. The AI Coach is an automated service; interactions with the AI Coach — whether spoken or written — are not interactions with ProveUp staff or qualified human professionals.

6.2 No Professional Advice

THE AI COACH DOES NOT PROVIDE MEDICAL, HEALTH, NUTRITIONAL, PSYCHOLOGICAL, OR OTHER PROFESSIONAL ADVICE. ALL CONTENT GENERATED BY THE AI COACH IS PROVIDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND. You should always consult a licensed physician, registered dietitian, certified personal trainer, or other qualified professional before beginning any exercise program, changing your diet, or making any health-related decisions. Reliance on any AI-Coach-generated content is solely at your own risk.

6.3 Accuracy and Limitations

Large language models and speech-recognition systems may generate responses or transcriptions that are inaccurate, incomplete, outdated, biased, or otherwise unreliable, including but not limited to misrecognition of spoken words, incorrect interpretation of accents or background noise, and fabricated or so-called “hallucinated” content. ProveUp makes no representation or warranty as to the accuracy, completeness, reliability, fitness for any particular purpose, or timeliness of any content generated or transcribed by the AI Coach. ProveUp reserves the right to modify, suspend, or discontinue the AI Coach feature at any time without notice.

6.4 Session Logging

Inputs you submit to the AI Coach — including Voice Transcripts derived from your Voice Input — and the AI Coach’s responses may be logged, reviewed by ProveUp personnel (or its authorized contractors), and used to improve the AI Coach and the Application, subject to applicable law and the Privacy Policy. Raw audio (Voice Input) is handled in accordance with Section 5A.4. Do not submit sensitive personal information — including health information, financial data, or government identification numbers — to the AI Coach by voice or otherwise.

6.5 AI-Tracking System Accuracy

The AI-Tracking System is designed to assist with exercise tracking; however, its accuracy depends on factors including camera angle, lighting conditions, clothing, device processing capacity, and the type and execution of the exercise being performed. ProveUp does not warrant that the AI-Tracking System will accurately count every repetition or correctly classify every movement. Competition results based on AI-Tracking System counts are final within the Application absent manifest technical error.

7.1 Nature of Virtual Items

XP, Energy, and Points (collectively, “Virtual Items”) are digital units of account available solely within the Application. Virtual Items and Virtual Goods:

• have no monetary value and are not currency, money, legal tender, or financial instruments;
• are not redeemable for cash, fiat currency, cryptocurrency, or any other tangible asset from ProveUp;
• are not transferable between User accounts;
• do not constitute property of the User and are not subject to inheritance, sale, or assignment;
• may be modified, reduced, or eliminated by ProveUp at any time, in its sole discretion; and
• are not refundable under any circumstances.

7.2 Earning and Spending Virtual Items

Virtual Items are earned through gameplay (Competitive Battles, Solo Training where expressly indicated, Missions, and daily logins) and may be spent exclusively within the Application’s in-Application Store to acquire Virtual Goods. ProveUp reserves the right to modify earning rates, spending costs, and available Virtual Goods inventory at any time without notice.

7.3 Friendly Battles — No Energy Cost, No Rewards

Friendly Battles are intended solely for casual, non-ranked play. For the avoidance of doubt and notwithstanding any other provision of these Terms: (a) participation in a Friendly Battle does not consume Energy; (b) no XP is awarded for participation in, or the outcome of, a Friendly Battle; (c) no Points or Virtual Goods are awarded for participation in, or the outcome of, a Friendly Battle; (d) the outcome of a Friendly Battle does not affect any leaderboard ranking, level progression, matchmaking rating, or any other competitive metric within the Application; and (e) Users have no entitlement to any in-Application or external reward of any kind based on Friendly Battle activity.

ProveUp may modify, restrict, or discontinue Friendly Battles, in whole or in part, at any time and without notice.

7.4 No Real-Money Transactions Within the Application

The Application does not facilitate purchases of Virtual Items, Virtual Goods, or any other content using real money, credit cards, cryptocurrencies, or any other form of monetary consideration. There is no pay-to-play mechanism in the Application. The Application does not contain a cryptocurrency wallet, blockchain integration, or any tokenized asset feature.

7.5 Forfeiture Upon Termination

If your account is suspended or terminated for any reason, all accumulated Virtual Items and Virtual Goods associated with your account will be forfeited. ProveUp shall have no obligation to compensate you for forfeited Virtual Items under any circumstances.

8.1 Nature of the Relationship

The Application contains a promotional link or button directing Users to BCS Arena, a separate website operated by a third party that is legally and operationally independent from ProveUp. BCS Arena is not affiliated with, owned by, controlled by, or operating under the direction of ProveUp.

8.2 Third-Party Terms Govern

Any activity you undertake on the BCS Arena website — including any exchange, conversion, or redemption of any points, credits, or rewards — is governed exclusively by BCS Arena’s own terms of service, privacy policy, and applicable rules. ProveUp makes no representations or warranties of any kind regarding BCS Arena’s website, services, rewards programs, security practices, privacy practices, or compliance with applicable law.

8.3 Disclaimer of Liability

PROVEUP EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE, OR CLAIM OF ANY NATURE ARISING FROM YOUR VISIT TO OR INTERACTION WITH THE BCS ARENA WEBSITE OR ANY OTHER THIRD-PARTY PLATFORM LINKED FROM THE APPLICATION. YOU ACCESS THIRD-PARTY WEBSITES ENTIRELY AT YOUR OWN RISK.

8.4 Distinction Between In-Application Points and External Programs

Points accumulated within the Application are ProveUp’s proprietary virtual currency as described in Section 7. Any separate points, credits, tokens, or rewards offered by BCS Arena are entirely distinct from and not connected to Points accumulated within the Application. ProveUp makes no representation that Points accumulated within the Application will qualify for, or be convertible into, any BCS Arena rewards or benefits.

9.1 License to User Content

“User Content” includes any content you submit, post, or transmit through the Service, including (without limitation) profile information, Avatar customizations, performance data, and Voice Input and Voice Transcripts. By submitting User Content, you grant ProveUp a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and otherwise exploit such User Content in connection with the Service and ProveUp’s business operations, including for product improvement and training purposes (subject to applicable privacy law restrictions and to the audio-retention limits set forth in Section 5A.4).

9.2 Representations Regarding User Content

By submitting User Content, you represent and warrant that: (a) you own or have all necessary rights and licenses to submit such User Content and to grant the license set forth above; (b) the User Content does not infringe any third-party intellectual property, privacy, or other rights; and (c) the User Content complies with these Terms and all applicable laws.

9.3 ProveUp’s Right to Remove Content

ProveUp reserves the right, but has no obligation, to monitor, review, edit, or remove any User Content at any time and for any reason, including content that ProveUp determines violates these Terms, applicable law, or is otherwise objectionable. ProveUp does not pre-screen User Content.

HEALTH WARNING: Physical exercise involves inherent risk of injury. Before beginning any exercise program through the Application, you should consult with a licensed physician or other qualified healthcare provider, particularly if you have any pre-existing medical conditions, physical limitations, or concerns about your health.

10.1 Inherent Risks of Exercise

Physical exercise, including but not limited to push-ups, squats, planks, ball-control drills, and other activities performed during Battles (whether Competitive or Friendly) and Solo Training sessions, carries inherent risks of physical injury, including without limitation musculoskeletal strain, overexertion, cardiac events, falls, and other injuries, some of which may be serious or permanent. These risks exist regardless of the supervision, guidance, or tracking provided by the Application.

10.2 Voluntary Assumption of Risk

BY USING THE APPLICATION’S EXERCISE FEATURES, INCLUDING COMPETITIVE BATTLES, FRIENDLY BATTLES, AND SOLO TRAINING, YOU VOLUNTARILY ASSUME ALL RISKS OF PHYSICAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. You acknowledge that ProveUp has no ability to monitor your physical condition, your exercise environment, or the manner in which you perform exercises, and that you are solely responsible for exercising safely and within your physical capabilities.

10.3 Recommendations

ProveUp strongly recommends that you: (a) obtain medical clearance before beginning any exercise program through the Application; (b) exercise in a safe, open environment free from obstacles; (c) warm up adequately before engaging in Battles or Solo Training; (d) stop exercising immediately if you experience pain, dizziness, shortness of breath, or any other unusual symptoms; and (e) ensure adequate supervision when Minor Users are exercising.

10.4 No Medical Device

The Application does not provide medical supervision, exercise prescription, or health monitoring. The AI Coach and AI-Tracking System are software tools; they are not medical devices and are not regulated by the U.S. Food and Drug Administration.

11.1 Public Profiles and Leaderboards

The Application features public User profiles that may display your username, Avatar, level, XP, performance statistics, and records. By creating a public profile, you consent to the display of such information to other Users, including via global and local Leaderboards and the Community Feed. For the avoidance of doubt, Friendly Battle results are not displayed on Leaderboards.

11.2 Community Standards

You agree not to: (a) use your username, Avatar, or profile to impersonate any person or entity; (b) engage in harassing, abusive, threatening, or discriminatory behavior toward other Users, including by means of Voice Input; (c) post unlawful, defamatory, or objectionable content in any social feature; or (d) attempt to manipulate leaderboard standings or match outcomes through cheating, unauthorized software, multiple accounts, or other means.

11.3 No In-Application Text Chat

There is no in-Application text chat between live Users in the current version of the Application. Voice interaction is limited to the AI Coach and does not enable live voice communication between Users. Any such feature, if added in future versions, will be subject to updated Terms.

12.1 Ownership

The Application and all content, features, and functionality thereof — including software, code, design, graphics, images, Avatars, AI models, algorithms, and all intellectual property rights therein — are and shall remain the exclusive property of ProveUp and its licensors. Nothing in these Terms transfers any ownership interest to you.

12.2 Trademarks

“ProveUp,” the ProveUp logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ProveUp. You may not use such marks without prior written permission from ProveUp.

12.3 Feedback

If you submit ideas, suggestions, or feedback regarding the Application (“Feedback”), you agree that ProveUp may freely use, disclose, reproduce, license, distribute, and exploit such Feedback without any obligation of compensation, attribution, or confidentiality to you.

12.4 DMCA Notice

If you believe that content available through the Service infringes your copyright, please notify our designated copyright agent at alpetpon51pro@gmail.com. Your notice must comply with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512.

Your privacy is important to ProveUp. Our collection, use, storage, sharing, and deletion of Personal Information — including data described in Sections 5 (camera and video) and 5A (microphone and voice) — is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy. The Service may involve the processing of Personal Information under COPPA, the California Consumer Privacy Act (“CCPA”), the General Data Protection Regulation (“GDPR”), and applicable state biometric privacy laws.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVEUP AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE; (c) WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (d) WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT GENERATED OR TRANSCRIBED BY THE AI COACH OR AI-TRACKING SYSTEM; AND (e) WARRANTIES AS TO THE FITNESS OR SUITABILITY OF ANY EXERCISE TRACKED BY THE APPLICATION FOR ANY PARTICULAR USER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN FULL.

15.1 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVEUP, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION: (a) LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLES; (b) PERSONAL INJURY OR PROPERTY DAMAGE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (d) ANY OTHER MATTER RELATING TO THE SERVICE — WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF PROVEUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVEUP’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO PROVEUP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED UNITED STATES DOLLARS (US$100.00).

15.3 Basis of the Bargain

You acknowledge that the foregoing limitations of liability and disclaimers of warranties constitute an essential element of the basis of the bargain between you and ProveUp, without which ProveUp would not have entered into these Terms or provided the Service.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ProveUp, its affiliates, licensors, and service providers, and each of their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or inability to use the Service; (b) your violation of these Terms or any applicable law; (c) your User Content, including Voice Input and Voice Transcripts; (d) your physical exercise activities undertaken in connection with the Application; (e) any third party’s claim of injury arising from a session in which you participated; (f) any third party’s claim arising from your capture, via the device camera or microphone, of such third party without consent; (g) your misrepresentation of your age or eligibility, including any false attestation made under Section 2.2; or (h) your failure to obtain appropriate parental or guardian consent for a Minor User.

17.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

17.2 Mandatory Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court, all disputes, controversies, or claims arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect, rather than in court.

YOU AND PROVEUP EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. ALL DISPUTES MUST BE BROUGHT IN YOUR OR PROVEUP’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

17.3 Arbitration Procedures

To initiate arbitration, you must send a written Demand for Arbitration to ProveUp at alpetpon51pro@gmail.com, or to ProveUp’s registered agent for service of process in Delaware. The arbitration shall be conducted in Wilmington, Delaware, or, at your option, via telephone, videoconference, or written submissions if you are located more than 100 miles from Wilmington, Delaware.

17.4 Opt-Out Right

You may opt out of mandatory arbitration by sending written notice to alpetpon51pro@gmail.com with the subject line “ARBITRATION OPT-OUT” within thirty (30) days of first accepting these Terms. If you opt out, disputes shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware.

17.5 Small Claims

Either party may bring an individual action in the small claims court of competent jurisdiction in the State of Delaware, provided such action remains in that court and is not removed or appealed to a court of general jurisdiction.

17.6 Venue for Non-Arbitrated Claims

To the extent any claim is not subject to mandatory arbitration, you agree that such claim shall be brought exclusively in the state or federal courts of competent jurisdiction located in the State of Delaware, and you irrevocably consent to the personal jurisdiction and venue of such courts.

18.1 Term

These Terms are effective as of the date you first access or use the Service and shall remain in effect until terminated in accordance with this Section.

18.2 Termination by You

You may terminate these Terms at any time by ceasing all use of the Application and deleting your account as provided in Section 3.4.

18.3 Termination by ProveUp

ProveUp may suspend or terminate your account at any time, with or without notice, and without liability, for any reason, including if ProveUp believes in good faith that you have violated or are likely to violate these Terms, any applicable law, or the rights of any third party.

18.4 Effect of Termination

Upon termination: (a) all licenses granted to you shall immediately terminate; (b) you must immediately cease all use of the Application and delete it from all devices; (c) all accumulated Virtual Items and Virtual Goods shall be forfeited; and (d) ProveUp shall have no obligation to maintain any of your account data, subject to applicable data retention obligations.

18.5 Survival

Sections 1, 4.2, 5.3, 5.4, 5A.3, 5A.4, 7.1, 9.1, 10, 12, 13, 14, 15, 16, 17, and 18.5 shall survive termination of these Terms.

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and ProveUp with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

19.2 Modifications to Terms

ProveUp reserves the right to modify these Terms at any time by posting the revised Terms to the Application or to https://ProveUp.app/terms. Modifications are effective upon posting. Your continued use of the Service following the posting of revised Terms constitutes your acceptance. Where required by applicable law, ProveUp will provide advance notice of material changes.

19.3 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms without affecting the validity and enforceability of the remaining provisions.

19.4 Waiver

ProveUp’s failure to enforce any right or provision shall not constitute a waiver. Any waiver shall be effective only if in writing and signed by an authorized representative of ProveUp.

19.5 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without ProveUp’s prior written consent. ProveUp may freely assign or transfer these Terms, including in connection with a merger, acquisition, or sale of all or substantially all assets.

19.6 Force Majeure

ProveUp shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government action, labor disputes, power outages, or denial-of-service attacks.

19.7 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and ProveUp and their respective successors and permitted assigns. Nothing herein confers upon any other person or entity any legal or equitable right, benefit, or remedy.

19.8 Notices and Contact Information

All legal notices to ProveUp shall be sent by email to alpetpon51pro@gmail.com with confirmed receipt.

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