Terms and Conditions.

Agreement to Terms

These Terms and Conditions are an agreement between you and SportZtars Inc. ("SportZtars," "we," "us," or "our") and govern your use of the SportZtars mobile application for iOS, Android, and Apple Watch (the "App"), the website at sportztars.com, and related services. References to the App include all of these. Our Privacy Policy and the SMS Terms below are part of these terms.

By accessing or using the App, you agree to be bound by these Terms and Conditions and all terms incorporated by reference. If you do not agree to all of these terms, you may not access or use the App. We reserve the right to change or modify these terms at any time and in our sole discretion. Your continued use of the App after any such changes constitutes your acceptance of the revised terms.

User Representations

By using the App, you represent and warrant that all registration information you submit will be true, accurate, current, and complete, and that you will maintain the accuracy of such information and promptly update it as necessary. You represent that you are at least 13 years of age, or that you have the consent of a parent or guardian if you are younger. You agree that you will not access the App through automated or non-human means, and that you will not use the App for any illegal or unauthorized purpose. If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account.

Intellectual Property Rights

Unless otherwise indicated, the App and all of its source code, databases, functionality, software, designs, audio, video, text, photographs, workouts, programs, and graphics (the "Content"), and the trademarks, service marks, and logos in it (the "Marks"), including SportZtars, BattleZtars, and "EveryBODY is a SportZtar," are owned or controlled by SportZtars or licensed to us, and are protected by copyright, trademark, and other intellectual property laws. Except as expressly provided in these terms, no part of the App, the Content, or the Marks may be copied, reproduced, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.

License to Use the App

Subject to these terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App on devices you own or control, solely for your personal, non-commercial use (or, if your access is provided by your employer, for use within that program). You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of the App; modify, adapt, or create derivative works of the App; remove any proprietary notices; or use the App to build a competing product. We reserve all rights not expressly granted to you.

User Registration

You may be required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Memberships, Subscriptions, and In-App Purchases

Some features of the App require a paid membership or a one-time in-app purchase, such as a premium or yearly membership, a nutrition or wellness consultation, or a wellness series. Prices are shown in the App before you buy and may vary by region and platform.

Automatic renewal. Memberships renew automatically at the end of each billing period (monthly or yearly, as selected) at the then-current price unless you cancel at least 24 hours before the end of the current period. Your App Store or Google Play account is charged for renewal within 24 hours before the current period ends.

Cancelling. You can cancel at any time in your Apple ID subscription settings (for purchases made on iOS) or in your Google Play subscriptions (for purchases made on Android). Cancelling stops future renewals; you keep access until the end of the period you already paid for. Deleting the App or your account does not cancel a subscription.

Free trials and offers. If we offer a free trial or introductory price, the terms are shown before you buy. Unless you cancel before the trial ends, your membership converts to a paid membership at the price shown. Any unused portion of a free trial is forfeited when you buy a membership.

Refunds. Purchases are processed by Apple or Google, and refunds are governed by their policies. Request a refund from Apple at reportaproblem.apple.com or from Google through your Google Play order history. Except where required by law, amounts paid are non-refundable.

Price changes. We may change membership prices. We will give you advance notice as required by Apple, Google, and applicable law, and the new price applies from your next renewal.

Corporate plans. If your access is provided by your employer or another organization, that organization's agreement with us governs billing, and your access may end if the organization's plan ends.

Live Classes, Coaching, and Nutrition Sessions

The App offers live and on-demand classes, programs, and one-on-one sessions with coaches, trainers, and nutritionists. Class schedules, instructors, and availability may change without notice. If you book a paid session, the price and any cancellation or rescheduling terms are shown before you confirm. Coaches, trainers, and nutritionists provide general fitness, wellness, and nutrition guidance, not medical care, and a nutrition plan is not a substitute for advice from your physician or a registered dietitian treating a medical condition. You are responsible for choosing activities appropriate to your fitness level and health.

Challenges, Giveaways, and BattleZtars Games

From time to time we run challenges, contests, and giveaways in the App. Each one is governed by the official rules we publish for it, which control if they conflict with these terms. No purchase is necessary to enter or win unless the official rules say otherwise, and a purchase does not improve your chances of winning. Void where prohibited. BattleZtars lets members organize and join local pickup games. SportZtars does not operate, supervise, or insure those games or the venues where they take place, and you participate at your own risk, as described in the Release section below.

Prohibited Activities

You may not access or use the App for any purpose other than that for which we make it available. As a user, you agree not to systematically retrieve data or other content to create or compile a collection or database; not to make any unauthorized use of the App, including creating false accounts or using bots or other automated methods; not to use the App for any commercial endeavor not expressly endorsed by us; not to engage in unauthorized framing of or linking to the App; not to trick, defraud, or mislead other users; not to interfere with, disrupt, or create an undue burden on the App; not to attempt to bypass any measures designed to prevent or restrict access; not to harass, abuse, or harm another person; not to impersonate another user or person; not to upload or transmit viruses, malware, or other malicious code; and not to use the App in a manner inconsistent with any applicable laws or regulations or to compete with us.

User Generated Contributions

The App may invite you to chat, contribute to, or participate in features, and may provide you with the opportunity to create, submit, post, display, or transmit content and materials, including text, writings, video, audio, photographs, and other material ("Contributions"). Any Contributions you transmit will be treated in accordance with these terms. You represent and warrant that your Contributions are original to you or that you have the necessary rights and permissions, including from any identifiable individuals appearing in them, and that your Contributions do not infringe the rights of any third party. Your Contributions may not be false, inaccurate, obscene, harassing, hateful, or unlawful, and may not exploit minors or violate any applicable law. Violation of these provisions may result in the termination or suspension of your account.

Contribution License

By posting your Contributions to any part of the App, you automatically grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose. You retain full ownership of your Contributions and any intellectual property rights associated with them. We are not liable for any statements or representations in your Contributions, and you waive any moral rights in your Contributions to the extent permitted by law.

Medical Disclaimer

Physical activity carries inherent risk. You should consult a physician before beginning any exercise program or participating in any activity offered through or promoted by the App. The information and content provided through the App is for general informational purposes only and is not a substitute for professional medical advice, diagnosis, treatment, or coaching. SportZtars, its trainers, and event organizers are not responsible for any injury, illness, or harm that may result from using the App, following any content, or participating in any session or event.

Interactions With Other Members

You are solely responsible for your interactions with other users of the App. We reserve the right, but have no obligation, to monitor disputes between you and other members. We do not conduct background checks on our members and are not responsible for the conduct of any member, whether online or offline. Please use caution and good judgment in all interactions, especially if you decide to meet another member in person. Report any concerning behavior to support@sportztars.com.

SportZtars and Offline Responsibility

SportZtars is generally not responsible or liable for the conduct of members offline or for events not organized by us. We may, in our sole discretion, suspend or remove any member who violates these terms. Please report any violations to support@sportztars.com.

Release

You release and hold harmless SportZtars and all associated parties from any claims, demands, and damages of every kind arising out of or related to disputes with third parties, interactions with other members, or participation in any event. You acknowledge that sports and fitness events carry inherent risks, including the risk of injury or illness. Some jurisdictions may not allow the disclaimer of certain liabilities, so some of the above may not apply to you.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the App, your breach of these terms, or your participation in any event. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense and not to settle any such claim without our prior written consent. We will notify you of any such claim as soon as reasonably possible.

Warranty Disclaimer

The App is provided on an "as is" and "as available" basis. Your use of the App is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the App and your use of it, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about the accuracy, reliability, completeness, or timeliness of the App's content or about the results to be obtained from using the App. We assume no responsibility for any third-party content, websites, or products advertised or offered through the App.

Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit or lost revenue, arising from your use of the App, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us during the prior 24-month period. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some of the above may not apply to you.

Guidelines for Reviews

We may provide you areas on the App to leave reviews or ratings. When posting a review, you must have firsthand experience with the person or entity being reviewed; your reviews may not contain offensive profanity or abusive, racist, or hateful language; may not contain discriminatory references; may not reference illegal activity; may not include false or misleading statements; and may not be organized as a campaign to post similar reviews. We may accept, reject, or remove reviews in our sole discretion and have no obligation to screen or delete reviews, even if they are considered objectionable or inaccurate.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App that you provide to us are non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive all moral rights to any such submissions.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that material in the App infringes a copyright you own or control, send a written notice to support@sportztars.com that includes: your physical or electronic signature; identification of the copyrighted work and of the material you claim is infringing, with enough detail for us to locate it; your contact information; a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner. We may remove infringing material and terminate the accounts of repeat infringers.

Third-Party Websites and Content

The App may contain links to other websites, as well as articles, photographs, text, and other content belonging to or originating from third parties. We are not responsible for any third-party websites or content accessed through the App, and we do not investigate, monitor, or check them for accuracy or completeness. Inclusion of any link does not imply our endorsement. If you decide to leave the App and access third-party websites or use third-party products, you do so at your own risk, and these terms no longer govern. We are not responsible for any harm related to your purchase or use of third-party products or services.

Advertisers

We may allow advertisers to display their advertisements and other information in areas of the App. Advertisers are solely responsible for any such advertisements and any products or services sold through them. Advertisers warrant that they have all rights necessary to place advertisements on the App. We are not responsible for issues arising from advertisements, and there are no refunds for Digital Millennium Copyright Act takedown issues.

App Management

We reserve the right, but not the obligation, to monitor the App for violations of these terms; to take appropriate legal action against anyone who violates the law or these terms; to refuse, restrict access to, limit the availability of, or disable any of your Contributions; to remove from the App or otherwise disable files and content that are excessive in size or burdensome to our systems; and otherwise to manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on the App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the App, or for any downtime, including your inability to access or use the App.

Informal Dispute Resolution Process

To expedite resolution and control the cost of any dispute, you and SportZtars agree to first attempt to negotiate any dispute informally for at least 60 days before initiating any legal proceeding. Such informal negotiations begin upon written notice from one party to the other. You must send your notice to our customer service team and include your full account information and a description of your claim. Both parties agree to negotiate in good faith. Completing this informal dispute resolution process is a required precondition to filing any lawsuit.

Governing Law; Venue

These terms and your use of the App are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding arising under these terms will be brought exclusively in the federal or state courts located in Broward County, Florida, and you irrevocably consent to the personal jurisdiction and venue of such courts.

Termination

We may terminate or suspend your account and access to the App at any time, without prior notice or liability, for any reason, including if you breach these terms. Upon termination, your right to use the App will immediately cease. All provisions of these terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Corrections

The App may contain typographical errors, inaccuracies, or omissions, including in descriptions, pricing, class schedules, and availability. We reserve the right to correct any errors and to change or update information at any time without prior notice.

SMS and Text Message Terms

The SportZtars Text Message Program

SportZtars Inc. ("SportZtars") offers a recurring text message program called SportZtars Texts. When you opt in, you may receive text messages about class and event reminders, BattleZtars game updates, app and membership updates, wellness tips, and SportZtars offers and promotions. Texts may be sent using an automated system.

How You Opt In

You join the program only by giving us your express consent, for example by entering your mobile number and checking the unchecked consent box on the sign up form below or another SportZtars form that shows these terms. Consent is not a condition of any purchase, and you can use the SportZtars app and website without joining.

By opting in, you confirm that you are the account holder or authorized user of the mobile number you provide and that you are at least 18 years old, or at least 13 with the permission of a parent or guardian.

Message Frequency and Cost

Message frequency varies. Message and data rates may apply, according to your mobile plan. SportZtars does not charge for text messages, but your carrier may.

How to Opt Out

You can cancel at any time. Reply STOP to any SportZtars text message. You will receive one final message confirming that you have been unsubscribed, and you will receive no further texts unless you opt in again. You may also reply CANCEL, END, QUIT, UNSUBSCRIBE, or STOPALL, or email support@sportztars.com and ask to be removed.

How to Get Help

Reply HELP to any SportZtars text message for help. You can also reach us at support@sportztars.com or 305-901-3335.

Carriers

Supported carriers include the major U.S. wireless carriers. Mobile carriers are not liable for delayed or undelivered messages. Delivery of text messages is not guaranteed and may be affected by factors outside our control.

Your Privacy

We use your mobile number only to run this program, as described in our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties.

Changes and Other Terms

We may change these SMS Terms or end the program at any time. We will post changes on this page. If you change or deactivate your mobile number, reply STOP from that number first or email us so we can remove it. These SMS Terms are part of these Terms and Conditions.

Electronic Communications

By using the App, you agree that we may send you account, security, and service notices electronically, including by email and in-app notification, and that these satisfy any legal requirement that communications be in writing. Service notices are not marketing and are sent regardless of your marketing preferences.

Apple and Google App Store Terms

If you downloaded the App from the Apple App Store or Google Play, these terms are between you and SportZtars only, not Apple or Google. SportZtars, not Apple or Google, is solely responsible for the App and its content. You must also comply with the applicable store's terms of service. Apple and Google have no obligation to provide maintenance or support for the App. To the maximum extent permitted by law, Apple has no warranty obligation for the App; if the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. Apple and Google are not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, consumer protection claims, or intellectual property infringement claims. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

Miscellaneous

These terms, together with our Privacy Policy and any official rules or other policies we post in the App, are the entire agreement between you and SportZtars about the App. Our failure to exercise or enforce any right or provision of these terms is not a waiver of that right or provision. If any provision is found unlawful, void, or unenforceable, that provision is severed and the remaining provisions stay in full effect. We may assign any of our rights and obligations to others at any time; you may not assign yours without our written consent. We are not responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. No joint venture, partnership, employment, or agency relationship is created between you and us by these terms or your use of the App. Headings are for convenience only.

Contact Us

In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at SportZtars Inc., 20801 Biscayne Blvd., Suite 301, Aventura, FL 33180, at 305-901-3335, or at support@sportztars.com.