StepUp - Terms of Service

The StepUp app and www.thestepupapp.com website (the "Services") are provided by StepUp App, part of Marshmallow Toys LLC ("StepUp", "we", "us" or "our"). Your use of the Services is subject to these Terms of Service and our Privacy Policy.

By accessing or using the Services, you agree to these Terms. We may post additional guidelines or rules for specific features, and those guidelines are incorporated into these Terms. If you do not agree to these Terms, please do not use the Services.

Use of the Services

You agree to use StepUp lawfully, respectfully and in a way that does not harm other users or the Services. The following activities are prohibited:

Collecting contact information or personal information from other users for unsolicited communications.
Scraping, harvesting, copying or bulk-exporting data about other users from StepUp.
Using the Services in a way that degrades reliability, speed, security or operation.
Attempting to decompile, reverse engineer, interfere with, or bypass any software or security feature in the Services.
Using the Services for unlawful, fraudulent, harmful, harassing or abusive activity.

We may suspend or terminate access to the Services if we believe a user has violated these Terms or may cause harm to StepUp, other users or the Services.

Children under the Age of 13

By using the Services, you confirm that you are at least 13 years old. We may terminate your account and access to the Services if we believe you are under 13.

Accounts, step data and challenges

StepUp is designed to help people track steps, compete with friends, and participate in group step challenges. Step counts, leaderboards, reports, notifications and challenge results may depend on device sensors, Apple Health, Android Health Connect, wearable integrations, connectivity, app permissions, time zones and user behavior.

StepUp does not guarantee that step counts, rankings, reports or challenge results will always be complete, accurate, uninterrupted or error-free. StepUp does not allow manually added steps in order to reduce misuse.

Challenge organizers are responsible for their own challenge rules, prizes, communications and participant expectations. StepUp does not sponsor prizes unless we separately say so in writing.

User Content

The Services may let users submit, share or publish content, including profile information, group names, group chat messages, cheers, taunts, challenge updates and other material ("User Content").

You are responsible for the User Content you submit and for making sure you have the rights and permissions needed to share it. We do not guarantee confidentiality of User Content shared with friends, groups or other StepUp users.

By submitting User Content to StepUp, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, display, modify and distribute that User Content as needed to provide, operate, maintain, protect and improve the Services.

We may maintain copies of User Content for backup, security, maintenance, support, moderation, legal compliance or safety reasons.

You agree that you will not:

Share content that you do not have the right to share.
Publish false or misleading content that could harm StepUp or another person.
Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
Post advertisements or solicitations of business; or
Impersonate another person.

We do not endorse User Content or any opinion, recommendation or advice expressed in it. We may remove Content or User Content without notice if we believe it violates these Terms, creates risk, or is otherwise inappropriate for StepUp.

If you are a copyright owner or an agent and believe that any User Content or other Content infringes your copyright, contact us at team@thestepupapp.com.

Indemnity

You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Purchases, ads and third-party services

StepUp is free to use and may be supported by ads, optional in-app purchases and third-party services. Purchases, app store billing, wearable platforms, health data sources and ad networks may be subject to their own terms and policies.

Privacy and account deletion

Our Privacy Policy explains how we collect, use and handle data. You can delete your account and data from StepUp app > Settings > Help & feedback > Delete account.

Disclaimer of Warranty and Limitation of Liability

We, our affiliates, our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors make no warranties or representations about the Content, including the User Content, including but not limited to its accuracy, reliability, completeness, timeliness, or reliability.

The Services and Content are provided on an "as is" and "as available" basis without any warranties of any kind. We hereby disclaim all warranties, including but not limited to the warranty of title, merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.

Neither we nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the Services, or for errors, mistakes, or omissions, or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the Services and the Content at your own risk.

We make no warranty that the Services will be available error-free or that the Services or the Content are free of computer viruses or similar contamination or destructive features. If your use of the Services or the Content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.

In no event shall we be liable for any damages, including without limitation incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption, resulting from the use or inability to use the Services and the Content, whether based on warranty, contract, tort, including negligence, or any other legal theory, in excess of one hundred dollars, even if we have been advised of the possibility of such damages.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law.

No Medical Advice

The Services do not contain or constitute medical advice or opinion. We are not licensed medical professionals, and StepUp is not a substitute for professional medical advice. You should consult a qualified medical professional before beginning or modifying any diet, exercise, wellness or fitness program. Your use of the Services does not create a doctor-patient relationship between you and us.