StepUp - Terms of Service

The StepUp app and www.thestepupapp.com website (the “Services”) are operated by Marshmallow Toys LLC (“StepUp,” “we,” “us” or “our”). These Terms of Service govern your use of the Services. Our Privacy Policy explains how we handle personal information.

By accepting these Terms, you agree to follow them and the Photo Content Guidelines, which apply to photos and GIFs shared in StepUp chats. If you do not agree, do not use the Services. We will make any additional feature-specific terms available before they apply to your use of that feature.

In these Terms, “Content” means User Content and other text, images and materials made available through 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.

Eligibility and account security

You must be at least 13 years old to use StepUp. If you are below the age at which you can independently agree to these Terms under applicable law, you may use StepUp only with the authorization and involvement of a parent or legal guardian as required by that law.

You are responsible for protecting access to your account and must not use another person's account without permission. Contact us promptly at team@thestepupapp.com if you believe your account has been accessed without authorization. You must not impersonate another person or misrepresent your authority to act for an organization.

We may restrict or close an account if the user does not meet the applicable age or authorization requirements.

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.

Fair participation in challenges

You must not deliberately falsify step data, manipulate rankings, exploit technical errors or use automated tools to gain an unfair advantage in challenges. We may investigate suspected manipulation and correct or exclude affected results where reasonably justified. If you believe a correction was made in error, contact team@thestepupapp.com.

User Content

You may submit or share profile information, group names, group and direct messages, photos, GIFs, cheers, taunts, challenge updates and other material through StepUp (“User Content”).

You retain ownership of the rights you hold in your User Content. You are responsible for having the rights and permissions needed to share it, including permission to share someone else's private photos or personal information.

You grant StepUp a worldwide, non-exclusive, royalty-free license to host, store, reproduce, technically adapt and display your User Content to operate the features you use and protect the Services. Technical adaptations include creating photo thumbnails and formatting content for display. We may permit providers working on our behalf to perform these activities only as needed to deliver those services and subject to applicable restrictions.

This license does not give us permission to publish private chat content for advertising or unrelated promotional purposes. Your content's visibility and our handling of personal information remain subject to the Privacy Policy.

When you share content with another person, that person may save or redistribute it outside StepUp. This does not change our obligations to handle your information as described in the Privacy Policy.

The license ends when your content is deleted from our systems, except to the extent needed to retain and process copies for the limited purposes and periods described in the Privacy Policy. This clause does not extend those retention periods.

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.
Impersonate another person.

We do not endorse User Content or any opinion, recommendation or advice expressed in it.

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.

Reporting and moderation

You must follow these Terms and the Photo Content Guidelines when using chat and social features. Group administrators are responsible for moderating their group chats. They can delete inappropriate messages or images and remove or ban users from the group.

You can report inappropriate content or behavior by contacting team@thestepupapp.com. You can block a user by tapping the block button on their profile.

We use automated photo checks and authorized staff review as described in the Privacy Policy. We may remove content or restrict an account when we reasonably believe it violates these rules or creates a safety or security risk. Automated checks can make mistakes. To request review of a removal or restriction, contact team@thestepupapp.com and provide information that helps us locate the affected content or account.

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 Service 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 offers free features supported by advertising. You can optionally make an in-app purchase to remove all ads. The purchase screen describes the price and duration of access before you buy.

An ad-free purchase removes all ads for the specified duration and is associated with the App Store or Google Play account used to make the purchase. The purchase applies only to the platform on which it was made. You can restore an eligible purchase through StepUp app > Settings > Help & feedback > Restore purchase.

Purchases are processed by Apple App Store or Google Play Store under their billing terms. You may request a refund from App Store or Play Store directly. Nothing in these Terms limits refund or other consumer rights that cannot lawfully be excluded.

Connected wearable platforms, health services, GIF providers and other third-party services are also subject to their own applicable terms. Their features and availability may change.

Suspension, termination and account deletion

We may suspend or terminate access where reasonably necessary to address a serious or repeated breach of these Terms, fraud, spam, threats to safety or security, or a legal requirement. We may act immediately where necessary to prevent harm or comply with law. Otherwise, where appropriate, we will provide notice and an opportunity to resolve the issue.

Where legally permitted and safe to do so, we will explain the reason for a restriction. You can request review by contacting team@thestepupapp.com.

You may stop using StepUp at any time and delete your account through StepUp app > Settings > Help & feedback > Delete account. We delete all your data immediately when you delete your account. See our Privacy Policy for more details.

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 or timeliness.

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.

Changes to these Terms

We may update these Terms to reflect changes to StepUp, legal requirements or safety needs. We will publish the updated version with its effective date. For material changes, we will provide reasonable advance notice through the app or email, unless a legal or urgent security reason requires a shorter period.

We will request renewed acceptance where required. If you do not agree to a change, you may stop using the Services and delete your account.

Governing law and disputes

Please contact team@thestepupapp.com if you have a concern about the Services so we can try to resolve it. Contacting us does not prevent you from exercising your legal rights or seeking urgent relief.

These Terms are governed by the laws of Delaware, USA, except that this choice does not deprive consumers of mandatory protections available under applicable law. Disputes may be brought in courts with jurisdiction over the dispute, subject to any rights consumers have to bring proceedings in their home jurisdiction.