Terms of Use and End User License Agreement

1. Eligibility

You must be at least 16 years old to use Levitate. By using it you confirm that you are 16 or older and that you are able to enter into this agreement.

2. Health disclaimer — please read

Levitate is not a medical device and does not provide medical advice. Its content, workouts, and suggestions are for general fitness and informational purposes only. They are not a diagnosis, treatment, or a substitute for advice from a qualified physician, physiotherapist, or certified trainer.

Consult a qualified healthcare professional before starting or changing any exercise program, particularly if you are pregnant, have an injury, or have a heart, respiratory, musculoskeletal, or other medical condition. Stop exercising and seek medical attention if you experience pain, dizziness, or discomfort.

Physical exercise carries an inherent risk of injury. You take part voluntarily and at your own risk, and you are responsible for exercising within your own limits and using proper technique. The injury and pain tracking features are a personal record-keeping tool, not a clinical assessment.

3. Your account

You are responsible for what happens under your account and for keeping your sign-in credentials secure. Provide accurate information and keep it current. Tell us at levitatesupport@gmail.com if you believe your account has been compromised.

4. Your content

You keep ownership of the workouts, logs, notes, photos, documents, and other content you create in Levitate. You grant us a non-exclusive, worldwide, royalty-free license to host, store, back up, display, and process that content solely to operate and improve the service for you.

If you submit an exercise, movement, correction, or other contribution to the shared public catalog, you grant us and other users a perpetual, non-exclusive, royalty-free license to use, display, adapt, and distribute that contribution as part of the catalog. Other users’ routines may come to depend on it, so catalog contributions can remain after you delete your account, disassociated from you.

5. Acceptable use and objectionable content

We have zero tolerance for objectionable content or abusive behavior. You agree not to submit, upload, or share content that is unlawful, harassing, threatening, hateful, defamatory, obscene, sexually explicit, or that promotes violence, self-harm, disordered eating, or dangerous or misleading health practices. You agree not to impersonate others or infringe anyone’s rights.

You can report content through the flag control shown on catalog items, or by emailing levitatesupport@gmail.com. We review reports and may remove content and suspend or terminate the accounts of users who violate these terms, without prior notice.

6. Price

Levitate is free to use and contains no in-app purchases. If we offer paid features in the future, we will update these terms before they become available, and any purchase will be processed by Apple through the App Store.

7. Availability and changes

We may change, suspend, or discontinue any part of Levitate at any time. The service is provided on an “as is” and “as available” basis, and we do not guarantee uninterrupted or error-free operation. We may update these terms; continuing to use Levitate after an update means you accept the revised terms.

8. Termination

You may stop using Levitate and delete your account at any time from Profile → Delete Account. We may suspend or terminate your access if you breach these terms or if we discontinue the service.

9. Disclaimers and limitation of liability

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or personal injury arising from your use of Levitate. Our total liability for any claim is limited to the amount you paid us in the twelve months before the claim arose.

Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

10. Governing law

These terms are governed by the laws of the State of California, United States, without regard to its conflict of law rules.

11. End User License Agreement

The following terms apply to the Levitate iOS application licensed through the Apple App Store.

• Acknowledgement. This agreement is between you and Scot Spinner only, and not with Apple. Scot Spinner, not Apple, is solely responsible for the Levitate app and its content. This agreement does not provide usage rules for the app that conflict with the Apple Media Services Terms and Conditions.
• Scope of licence. You are granted a non-transferable licence to use Levitate on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and support. Scot Spinner is solely responsible for providing any maintenance and support for Levitate, as specified in this agreement or as required by applicable law. Apple has no obligation to furnish any maintenance or support services.
• Warranty. Scot Spinner is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If Levitate fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to Levitate.
• Product claims. Scot Spinner, not Apple, is responsible for addressing any claims relating to Levitate or your possession and use of it, including product liability claims, any claim that it fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• Intellectual property rights. In the event of any third-party claim that Levitate or your possession and use of it infringes that third party’s intellectual property rights, Scot Spinner, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
• Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer contact. Questions, complaints, or claims about Levitate should be directed to Scot Spinner at levitatesupport@gmail.com.
• Third-party terms. You must comply with applicable third-party terms of agreement when using Levitate.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this agreement and, upon your acceptance, have the right to enforce it against you as a third-party beneficiary.

12. Contact

Questions about these terms: levitatesupport@gmail.com.

See also our Privacy Policy.