These Terms contain an IMPORTANT EXERCISE AND SAFETY NOTICE (Section 4), an ASSUMPTION OF RISK (Section 5), a DISCLAIMER OF WARRANTIES (Section 12), a LIMITATION OF LIABILITY (Section 13), and a BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (Section 16) that affect your legal rights, including your right to bring a lawsuit in court and to participate in a class action.
You may opt out of the arbitration agreement within 30 days as described in Section 16.9.
 

These Terms of Service ("Terms") are a binding agreement between you and Game Improvement Apps, LLC, a Florida limited liability company ("Game Improvement Apps," "we," "us," or "our"), governing your access to and use of the StayInPlay mobile application, website, and related services (collectively, "StayInPlay" or the "Services").

By tapping "I Agree," creating an account, or otherwise accessing or using StayInPlay, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use StayInPlay.

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, if higher) to use StayInPlay, and at least 18 years old to purchase a subscription. If you are between 13 and the age of majority in your jurisdiction, you may use StayInPlay only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf and accepts responsibility for your use.

You represent that you are not barred from using the Services under applicable law and are not located in an embargoed jurisdiction.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use StayInPlay on a device you own or control, for your personal, non-commercial use.

You agree not to: reverse engineer, decompile, or disassemble the Services except as permitted by law; copy, resell, sublicense, rent, or commercially exploit the Services or their content; circumvent paywalls, entitlement checks, or security features; scrape or bulk-extract content; upload malicious code; use the Services for any unlawful purpose; or use the Services to provide instruction, coaching, or therapy to third parties.

All intellectual property in the Services, including routines, video, text, graphics, and software, is owned by Game Improvement Apps, LLC or its licensors and is protected by law. No rights are granted other than the license expressly stated above.

PLEASE READ THIS SECTION CAREFULLY BEFORE USING STAYINPLAY.

StayInPlay provides general educational and informational content related to stretching, warming up, mobility, exercise, fitness, and physical activity.

StayInPlay is not a medical service. The content made available through StayInPlay:

• Is not medical advice
• Is not a diagnosis
• Is not medical treatment
• Is not physical therapy or rehabilitation
• Is not a substitute for consultation with a physician, physical therapist, athletic trainer, or other qualified healthcare professional
• Is not intended to diagnose, treat, cure, or prevent any disease, injury, or medical condition

No physician-patient, therapist-patient, trainer-client, or other professional relationship is created by your use of StayInPlay.

You should consult a physician or other qualified healthcare professional before beginning or changing any exercise, stretching, mobility, warm-up, rehabilitation, or physical-activity program, including any routine provided through StayInPlay.

This is particularly important if you have an existing or previous injury; have a medical condition; have cardiovascular or respiratory problems; experience chronic pain; are pregnant or postpartum; have recently undergone surgery; have been advised to limit physical activity; or have any concern about whether an activity is appropriate for you.

Do not disregard professional medical advice or delay seeking medical treatment because of information presented in StayInPlay.

STAYINPLAY DOES NOT REPRESENT, WARRANT, PROMISE, OR GUARANTEE THAT USING THE APP, PERFORMING ANY ROUTINE, WARMING UP, STRETCHING, EXERCISING, OR FOLLOWING ANY INFORMATION PROVIDED THROUGH STAYINPLAY WILL PREVENT, REDUCE, ELIMINATE, OR LESSEN THE LIKELIHOOD OF INJURY.

Physical activity inherently involves risk. An injury may occur even when exercises, stretches, or warm-up activities are performed correctly.

Results vary significantly among individuals, and the appropriateness of any particular exercise or routine depends on factors StayInPlay cannot evaluate, including your physical condition, medical history, technique, environment, equipment, footwear, surface, fatigue, intensity, and other circumstances.

The name "StayInPlay" and any references within the Services or our marketing to preparation, mobility, readiness, durability, warming up, staying healthy, maintaining physical function, or similar concepts are descriptive of the general subject matter of the app and are not a promise, warranty, or guarantee that any injury will be prevented or that any particular outcome will be achieved.

Immediately stop any exercise or activity if you experience pain, dizziness, faintness, shortness of breath, chest discomfort, unusual weakness, numbness, loss of coordination, or any other concerning symptom, and seek appropriate medical attention.

If you believe you are experiencing a medical emergency, contact emergency medical services immediately. StayInPlay is not designed or intended for use in emergencies.

YOUR USE OF STAYINPLAY AND YOUR PARTICIPATION IN ANY EXERCISE, STRETCHING, WARM-UP, MOBILITY, FITNESS, SPORTING, OR OTHER PHYSICAL ACTIVITY IS ENTIRELY VOLUNTARY AND AT YOUR OWN RISK.

To the fullest extent permitted by applicable law, you acknowledge and agree that:

1. Physical exercise and athletic activity involve inherent and unpredictable risks, including the possibility of bodily injury, aggravation of a pre-existing condition, illness, disability, property damage, and death.
2. StayInPlay cannot determine whether any particular exercise, routine, movement, duration, intensity, or activity is safe or appropriate for you.
3. You are solely responsible for evaluating your own physical condition, capabilities, equipment, and surroundings before and during any activity.
4. You are solely responsible for obtaining appropriate medical advice before participating where necessary.
5. You knowingly and voluntarily assume all risks associated with performing activities presented or discussed through StayInPlay, whether known or unknown.

Nothing in this Section 5 or in Sections 12 or 13 waives or limits liability for gross negligence, recklessness, willful or intentional misconduct, fraud, or any other liability that cannot lawfully be waived or limited. Some jurisdictions do not permit pre-injury releases of liability for personal injury; in those jurisdictions, this Section applies only to the maximum extent permitted by law, and the remainder of these Terms remains in effect.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly at support@gameimprovementapps.com of any unauthorized use. You agree to provide accurate information and keep it current. You may delete your account at any time in the app under Settings → Account → Delete Account.

Please read this section carefully. StayInPlay subscriptions renew automatically until cancelled.

StayInPlay offers auto-renewing subscriptions purchased through the Apple App Store or another app marketplace. The price, billing period, and any free trial length are disclosed to you in the app before you complete your purchase.

Your subscription automatically renews at the end of each billing period at the then-current price disclosed at purchase, and your payment method will be charged, unless you cancel at least 24 hours before the end of the current period. Renewal is charged to your app marketplace account within 24 hours prior to the end of the current period.

If a free trial is offered, the subscription will convert to a paid subscription and your payment method will be charged automatically at the end of the trial unless you cancel at least 24 hours before the trial ends. Any unused portion of a free trial is forfeited if you purchase a subscription during the trial period.

Cancel at any time through your device. On iOS: Settings → [your name] → Subscriptions → StayInPlay → Cancel Subscription. On Android: open the Google Play Store → tap your profile icon → Payments & subscriptions → Subscriptions → StayInPlay → Cancel subscription. Deleting the app does not cancel your subscription. Cancellation takes effect at the end of the current billing period, and you retain access until then.

Purchases are processed by the app marketplace, and refunds are governed by that marketplace's policies. On iOS, refund requests are made to Apple at https://reportaproblem.apple.com. On Android, Google Play offers a limited refund window for recent purchases through your Play Store order history, after which requests are directed to us. We generally cannot issue refunds for marketplace transactions directly. Except where required by law, all fees are non-refundable and there are no refunds for partial periods.

We may change subscription prices. We will provide notice in advance as required by the app marketplace and applicable law, and price changes take effect at the start of the next billing period. If you do not agree, you may cancel before the change takes effect.

Nothing in this Section limits any non-waivable cancellation or refund rights you have under applicable consumer law, including EU/UK withdrawal rights and the Australian Consumer Law.

We may modify, suspend, add to, or discontinue any part of the Services, including specific routines or features, at any time. We are not liable for any modification, suspension, or discontinuation of the Services.

If you submit content, suggestions, or feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and incorporate it into the Services without obligation or compensation to you. You represent that you have the rights necessary to grant this license.

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or if necessary to protect the Services or other users. You may stop using the Services at any time. Sections 4, 5, 9, 11, 12, 13, 14, 15, 16, 17, 18, and 19 survive termination.

The Services may link to or rely on third-party services. We do not control and are not responsible for third-party services, and your use of them is governed by their terms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STAYINPLAY AND ALL CONTENT, ROUTINES, EXERCISES, INSTRUCTIONS, INFORMATION, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY LAW, GAME IMPROVEMENT APPS, LLC DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND SAFETY.

WE DO NOT WARRANT OR GUARANTEE THAT:

• ANY ROUTINE OR EXERCISE IS APPROPRIATE FOR A PARTICULAR USER;
• USE OF STAYINPLAY WILL PREVENT OR REDUCE INJURIES;
• USE OF STAYINPLAY WILL IMPROVE ATHLETIC PERFORMANCE OR PHYSICAL CONDITION;
• ANY PARTICULAR RESULT WILL BE ACHIEVED;
• THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR COMPLETELY SECURE; OR
• INFORMATION PROVIDED THROUGH THE SERVICES IS COMPLETE, ACCURATE, CURRENT, ERROR-FREE, OR SUITABLE FOR YOUR INDIVIDUAL CIRCUMSTANCES.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in these Terms excludes any guarantee, warranty, or right that cannot lawfully be excluded, including under the Australian Consumer Law or the consumer laws of the EEA and UK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAME IMPROVEMENT APPS, LLC, STAYINPLAY, AND THEIR OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INJURY, LOSS, DAMAGE, CLAIM, COST, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE STAYINPLAY OR YOUR PARTICIPATION IN ANY ACTIVITY PRESENTED, RECOMMENDED, DESCRIBED, OR DISCUSSED THROUGH STAYINPLAY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITATION INCLUDES: personal or physical injury; aggravation or recurrence of a previous injury; medical expenses; disability; death; property damage; lost income; lost profits; loss of data; and indirect, incidental, special, consequential, exemplary, or punitive damages.

This limitation applies regardless of the legal theory asserted, including negligence, contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages, and it applies even if a limited remedy fails of its essential purpose.

IF THE EXCLUSIONS ABOVE ARE HELD UNENFORCEABLE OR INAPPLICABLE IN WHOLE OR IN PART, THEN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF GAME IMPROVEMENT APPS, LLC AND THE PARTIES LISTED ABOVE, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms excludes or limits liability for gross negligence, recklessness, willful or intentional misconduct, or fraud, or any other liability that cannot lawfully be excluded or limited under applicable law.

Some jurisdictions do not allow certain exclusions or limitations of liability, including for personal injury. In those jurisdictions, the exclusions and limitations above apply only to the maximum extent permitted by applicable law, and the invalidity of any exclusion does not affect the enforceability of the remainder.

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Game Improvement Apps, LLC and its owners, members, officers, employees, contractors, affiliates, agents, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Services; your violation of these Terms or applicable law; your violation of the rights of a third party; or your participation in any physical activity. We reserve the right to assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with us.

These Terms and any dispute arising out of them are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Subject to Section 16, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Lee County, Florida, and you consent to personal jurisdiction there.

If you are a consumer resident of the EEA, the UK, or another jurisdiction whose law provides otherwise, this Section does not deprive you of the protection of the mandatory consumer-protection provisions of the law of your country of residence, or of your right to bring proceedings in your local courts.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Before initiating arbitration, you and we agree to attempt to resolve the dispute informally for at least 60 days. You must send a written Notice of Dispute by email to support@gameimprovementapps.com with the subject line "Notice of Dispute," describing the dispute, the relief sought, and your name and contact information. We will send any Notice of Dispute to the email address associated with your account. Each party will acknowledge receipt within 10 business days, and either party may request an individualized telephone or videoconference settlement conference during the 60-day period. This informal process is a condition precedent to arbitration, and the applicable statute of limitations is tolled during it. Either party may seek to enjoin the filing of an arbitration where this requirement has not been met.

If the dispute is not resolved informally, you and Game Improvement Apps, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including their formation, interpretation, breach, termination, enforceability, and any claim for personal injury — will be resolved by final and binding individual arbitration, rather than in court, except as provided in Sections 16.6 and 16.9.

The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, as modified by these Terms. The rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. If AAA is unavailable or declines to administer the arbitration consistent with these Terms, the parties will agree in writing on an alternative established arbitration provider that applies consumer-protective rules substantially similar to the AAA Consumer Arbitration Rules; if they cannot agree within 30 days, either party may petition a court of competent jurisdiction under Section 9 U.S.C. § 5 to appoint a provider or arbitrator.

We will pay arbitration filing, administrative, and arbitrator fees to the extent required by the provider's consumer rules or where the arbitrator determines the fees would be prohibitive compared to litigation costs. Each party bears its own attorneys' fees unless a statute or the arbitrator's award provides otherwise.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY.

The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding, except as provided in Section 16.7. If this Section 16.5 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and litigated in court under Section 15, and the remainder will proceed in arbitration.

Either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in court for infringement or misuse of intellectual property rights. Nothing in this Section prevents you from reporting a matter to a government agency.

If 25 or more similar demands for arbitration are filed against us by or with the assistance of the same or coordinated counsel within a 90-day period, the demands will be administered in batches of no more than 50 (with a final batch of the remainder). The parties will select a single arbitrator per batch, and the parties will first select 5 bellwether cases per batch to proceed. The statute of limitations and any filing-fee deadlines will be tolled for all demands not yet in an active batch. Neither party may opt out of this protocol.

If we materially amend this Section 16 in the future, the amendment will not apply to any claim of which we had actual notice before the amendment's effective date, and you may reject the amendment by notifying us within 30 days.

You may opt out of this arbitration agreement by emailing support@gameimprovementapps.com with the subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms or your use of the Services, and we will not retaliate against you for opting out.

The following applies if you obtained StayInPlay through the Apple App Store:

1. These Terms are between you and Game Improvement Apps, LLC only, not with Apple. Apple is not responsible for StayInPlay or its content.
2. Your license is a non-transferable license to use StayInPlay on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Apple has no obligation to furnish any maintenance or support for StayInPlay.
4. If StayInPlay fails to conform to any applicable warranty, you may notify Apple, and Apple's sole warranty obligation is to refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to StayInPlay.
5. Apple is not responsible for addressing any claims relating to StayInPlay, including product liability claims, claims that StayInPlay fails to conform to legal or regulatory requirements, and claims under consumer protection or similar legislation.
6. In the event of a third-party claim that StayInPlay infringes intellectual property rights, Game Improvement Apps, LLC is solely responsible for the investigation, defense, settlement, and discharge of such claim.
7. You represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties.
8. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

The following applies if you obtained StayInPlay through Google Play:

1. These Terms are between you and Game Improvement Apps, LLC only, not with Google. Google is not a party to these Terms and is not responsible for StayInPlay or its content.
2. Your use of Google Play is governed by the Google Play Terms of Service, and purchases are additionally governed by the Google Play Billing terms then in effect.
3. Google has no obligation to furnish any maintenance or support for StayInPlay. All support requests should be directed to support@gameimprovementapps.com.
4. Google is not responsible for addressing any claims relating to StayInPlay, including product liability claims, claims that StayInPlay fails to conform to legal or regulatory requirements, and claims under consumer protection or similar legislation.
5. Nothing in these Terms limits any rights you have under the Google Play Terms of Service or applicable consumer law.
6. To the extent of any conflict between these Terms and the Google Play Terms of Service with respect to your acquisition or use of the app through Google Play, the Google Play terms control as to that subject matter.

Changes. We may modify these Terms. We will post the updated Terms with a new Effective Date and, for material changes, provide notice in the app or by email. Your continued use after the changes take effect constitutes acceptance, except where applicable law requires affirmative consent.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force.

No Waiver. Our failure to enforce any provision is not a waiver of it.

Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services and supersede prior agreements.

Notices. We may provide notice by email to the address associated with your account or through the app, and such notice is effective when sent. You may send notices to us by email to support@gameimprovementapps.com, effective on our acknowledgment or three business days after sending, whichever is earlier. You are responsible for keeping your account email address current.

Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Contact.

Game Improvement Apps, LLCStayInPlay Email: support@gameimprovementapps.com