FitSocial — Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of FitSocial (the "App," "Platform," or "Service"), operated by MiraiStack (PTY) LTD ("MiraiStack," "we," "us," "our"), a company registered and operating in South Africa.

By creating an account, accessing, or using FitSocial, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

These Terms should be read together with our Privacy Policy, which explains how we collect and process your data, including data related to our YouTube Music integration.

2. Eligibility

You must be at least 18 years old to create a FitSocial account. By registering, you confirm that you meet this requirement and that you have the legal capacity to enter into these Terms.

FitSocial involves physical exercise and public social sharing, and is not designed for use by minors. We reserve the right to suspend or terminate any account we believe belongs to a user under 18.

3. Description of the Service

FitSocial is a fitness social platform that allows users to:

• Create a personal profile and log workouts and fitness activity.
• Share posts, photos, videos, and comments with other users in a social feed.
• Follow and interact with other members of the FitSocial community.
• Optionally connect a YouTube Music account to control music playback (play/pause) during workouts, as described in our Privacy Policy.

We may add, modify, or remove features at any time. FitSocial is currently offered free of charge. If we introduce paid plans or subscriptions in the future, we will update these Terms and notify you before any charges apply.

4. Account Registration and Security

To use FitSocial, you must create an account and provide accurate, current information. You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your account.
• Notifying us immediately at info@miraistack.co.za if you suspect unauthorized use of your account.

We reserve the right to suspend or terminate accounts that provide false information, violate these Terms, or are inactive for an extended period.

5. User Content

5.1 Your Content, Your Ownership

You retain ownership of any photos, videos, posts, comments, workout data, and other content you submit to FitSocial ("User Content"). We do not claim ownership over your User Content.

5.2 License to FitSocial

By posting User Content, you grant MiraiStack a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, and distribute that content solely for the purpose of operating, promoting, and improving FitSocial (for example, displaying your posts in the social feed to other users). This license ends when you delete the content or your account, except where copies have already been shared by other users within the normal operation of the Service, or where retention is required by law.

5.3 Your Responsibilities

You are solely responsible for your User Content. By posting, you confirm that:

• You own or have the necessary rights to share the content.
• The content does not infringe any third party's intellectual property, privacy, or other rights.
• The content complies with our Community Guidelines (Section 6).

We do not pre-screen User Content but may review, remove, or restrict access to content that violates these Terms, at our discretion.

6. Community Guidelines and Acceptable Use

When using FitSocial, you agree not to:

• Post content that is unlawful, harassing, abusive, hateful, defamatory, or discriminatory.
• Impersonate any person or entity, or misrepresent your affiliation with anyone.
• Post sexually explicit content, graphic violence, or content that promotes self-harm or disordered eating.
• Share dangerous fitness advice, extreme or medically unsafe routines, or content promoting the use of banned or harmful substances.
• Harass, bully, stalk, or threaten other users.
• Spam other users, post unauthorized advertising, or use FitSocial for unrelated commercial solicitation.
• Upload viruses, malware, or attempt to interfere with the Service's normal operation.
• Scrape, reverse-engineer, or attempt to extract data from FitSocial other than through features we provide.
• Infringe any copyright, trademark, or other intellectual property right.

We reserve the right to remove content, restrict features, suspend, or permanently terminate accounts that violate these guidelines, with or without notice.

7. Health and Fitness Disclaimer

FitSocial provides tools for tracking and sharing fitness activity. It does not provide medical advice.

• Consult a professional. Before starting any exercise program or making changes to your fitness routine, consult a physician or qualified healthcare provider, particularly if you have any pre-existing medical condition.
• Assumption of risk. Physical exercise carries inherent risks of injury. By using FitSocial, you acknowledge and voluntarily accept these risks. You are solely responsible for judging your own physical limits.
• No medical or professional advice. Content shared by other users, including workout routines and fitness tips, reflects their personal experience and is not medical, dietary, or professional advice. MiraiStack does not verify or endorse the accuracy or safety of user-submitted fitness content.
• Stop if needed. Stop exercising immediately and seek medical attention if you experience pain, dizziness, shortness of breath, or any concerning symptoms.

8. YouTube Music Integration

If you choose to connect your YouTube Music account, FitSocial will request limited access via Google's OAuth system to control playback (play/pause) on your behalf, as described in our Privacy Policy.

By using this feature, you also agree to be bound by the YouTube Terms of Service and the Google Privacy Policy. You may disconnect your YouTube Music account at any time within FitSocial's app settings, or by revoking access directly through your Google Account permissions at myaccount.google.com/permissions.

FitSocial is not affiliated with, sponsored by, or endorsed by Google LLC or YouTube. All related trademarks belong to their respective owners.

9. Intellectual Property

FitSocial's name, logo, design, software, and all associated content (excluding User Content) are the property of MiraiStack (PTY) LTD or its licensors and are protected by South African and international intellectual property laws. You may not copy, modify, distribute, or create derivative works from FitSocial's proprietary content without our prior written consent.

10. Privacy

Our collection and use of your personal information is governed by our Privacy Policy, which forms part of these Terms. By using FitSocial, you consent to the data practices described there, including our use of Web3Forms, Resend, and Google's YouTube API Services as described.

11. Termination

You may stop using FitSocial and delete your account at any time by contacting info@miraistack.co.za.

We may suspend or terminate your access to FitSocial, in whole or in part, at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Service ends immediately, though certain provisions of these Terms (including Sections 5.2, 9, 12, and 13) will survive termination.

12. Disclaimers and Limitation of Liability

FitSocial is provided "as is" and "as available," without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the fullest extent permitted by South African law, MiraiStack (PTY) LTD shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to personal injury, loss of data, or loss of profits, arising from your use of FitSocial, participation in physical exercise, or reliance on any User Content.

Nothing in these Terms limits any liability that cannot be excluded or limited under South African law, including the Consumer Protection Act 68 of 2008, where applicable.

13. Indemnification

You agree to indemnify and hold harmless MiraiStack (PTY) LTD, its directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of FitSocial, your User Content, your violation of these Terms, or your violation of any third-party right.

14. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms or your use of FitSocial will be subject to the exclusive jurisdiction of the courts of South Africa, without regard to conflict of law principles.

15. Changes to These Terms

We may update these Terms from time to time as FitSocial evolves. If we make material changes, we will notify you via email or through the app before they take effect. Continued use of FitSocial after changes take effect constitutes acceptance of the updated Terms.

16. Contact Us

If you have questions about these Terms, please contact:

MiraiStack (PTY) LTD
Email: info@miraistack.co.za

*These Terms are governed by South African law and are intended to operate alongside FitSocial's Privacy Policy, which complies with the Protection of Personal Information Act (POPIA), Act 4 of 2013.*