Spartan Terms of Service
These Terms of Service ("Terms") govern your use of the Spartan iOS application and related services (the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Owner/Operator: Yiming Bai (operating Spartan)
Contact: support@thespartan.app
Governing Law; Venue: Texas law governs these Terms, without regard to conflicts of laws. You agree to the exclusive jurisdiction and venue of state and federal courts located in Collin County, Texas, for any dispute arising out of or relating to the Service or these Terms.
1. Eligibility and Accounts
- Age: You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you represent that you have your parent or legal guardian’s permission to use the Service.
- Account Registration: You must provide accurate information when creating an account (e.g., name, username, email, phone). You are responsible for safeguarding your password and for activity on your account.
- Account Actions: We may suspend or terminate your account, remove content, or restrict features if we believe these Terms or applicable laws are violated or to protect the Service or users.
2. Privacy
Please review our Privacy Policy, which describes how we collect, use, and share your information and your rights and choices. The Privacy Policy is incorporated into these Terms by reference.
3. Health and Safety Notice (Not Medical Advice)
Spartan provides fitness and nutrition tracking tools for informational purposes only. Spartan does not provide medical, nutrition, or health advice, diagnosis, or treatment. Consult a physician before starting any exercise or nutrition program, especially if you have a medical condition or are pregnant. Use the Service at your own risk. Stop any activity that causes pain, dizziness, or shortness of breath and seek professional advice.
No Emergency Services: The Service is not intended for emergencies. Do not use the Service to request or receive medical care, emergency assistance, or crisis intervention. If you believe you are experiencing a medical emergency, call your local emergency number immediately (e.g., 911 in the U.S.).
Assumption of Risk; Release: You acknowledge that fitness and nutrition activities involve inherent risks, including risk of injury, illness, disability, or death. To the fullest extent permitted by law, you voluntarily assume all risks related to your activities and release and discharge Spartan, its owners, affiliates, and service providers from any claims and liabilities arising from or related to your activities and use of the Service.
4. User Content and License
- Your Content: You may create, upload, post, or share content (e.g., posts, images, videos, comments, and messages) ("User Content"). You retain ownership of your User Content.
- License to Spartan: You grant Spartan a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, perform, and distribute your User Content solely to operate, improve, and promote the Service (e.g., showing content to followers, displaying your username and avatar, and leaderboards). This license ends when your content is deleted from our systems, subject to reasonable backup and caching.
- Public vs. Followers: Profiles (username, avatar, and basic profile) are visible to other users. Posts are visible to your followers by default. Leaderboards are public in-app.
- Direct Messages: DMs are intended to be private between participants. If end-to-end encryption is enabled, only participants can read message content; otherwise content is encrypted in transit and at rest and may be accessible to Spartan or its processors for security, moderation, and legal compliance. Metadata may be processed for delivery and safety.
- Responsibility for Content: You are responsible for your User Content and agree that you have the necessary rights to post it and that it complies with these Terms and all applicable laws.
User Interactions; Release: You are solely responsible for your interactions with other users online and, if applicable, offline. Spartan does not conduct background checks on users and does not guarantee users’ behavior or identity. To the fullest extent permitted by law, you release Spartan from claims, demands, and damages arising out of or related to interactions with other users.
5. Prohibited Conduct and Content
You may not use the Service to:
- Engage in harassment, hate speech, threats, or bullying.
- Post content that is sexually explicit, pornographic, exploitative, or involves minors.
- Incite or promote violence, self-harm, illegal or dangerous activities, or the sale of illegal goods.
- Post others’ personal or confidential information without consent (doxxing) or impersonate another person or entity.
- Infringe intellectual property, privacy, or other rights.
- Interfere with or disrupt the Service, including by introducing malware, scraping without permission, or attempting to access non-public features.
We may remove content, limit visibility, or suspend/terminate accounts that violate these rules or pose risk.
6. Community Features: Followers, Leaderboards, and Messaging
- Followers and Visibility: Posts are visible to your followers by default. You control who you follow. Profiles (username, avatar) are visible to other users.
- Leaderboards: Usernames and relevant scores/metrics may be shown in public leaderboards.
- Messaging: Any user may initiate a direct message with another user. Respect others’ boundaries; do not spam or harass.
No Monitoring Obligation: Spartan is not obligated to monitor User Content or interactions but may do so and take action in its discretion.
7. Third-Party Services and Integrations
The Service integrates with third parties such as FatSecret (for nutrition data) and Google Firebase (for hosting/storage/analytics). Your use of third-party services may be subject to their terms and privacy policies. Spartan is not responsible for third-party services. Third-party content (including nutrition databases) may be inaccurate, incomplete, or outdated; Spartan does not guarantee its accuracy.
8. Apple App Store Terms
If you downloaded the app from Apple’s App Store, you acknowledge that:
- These Terms are between you and Spartan, not Apple.
- Apple is not responsible for the Service or its content and has no obligation to provide maintenance or support.
- To the extent permitted by law, Apple has no warranty obligations. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
- You represent that you will use the Service in compliance with App Store Terms of Service and applicable laws.
9. Intellectual Property
Spartan and its licensors own the Service and all related intellectual property rights, excluding your User Content. Except for the limited rights expressly granted, no rights are transferred to you. Do not copy, modify, distribute, or create derivative works of the Service.
10. DMCA and Reporting
If you believe content infringes your copyright, send a notice to support@thespartan.app including: (a) your contact information; (b) a description of the work and the allegedly infringing content; (c) the location (URL or in-app path); (d) a statement of good-faith belief; (e) a statement under penalty of perjury that you are authorized; and (f) your signature. We may remove content and, in appropriate circumstances, terminate repeat infringers.
To report harassment, safety, or other violations, contact support@thespartan.app or use in-app reporting if available.
11. Payments
Spartan does not currently process payments or charge subscription fees within the Service.
12. Termination
You may stop using the Service at any time. You may request account deletion by emailing support@thespartan.app. We may suspend or terminate your access at any time with or without notice for any reason, including violations of these Terms or risk to the Service or users.
13. Disclaimers and Limitation of Liability
- Disclaimers: The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant uninterrupted or error-free operation.
- No Medical or Nutritional Outcomes: Spartan does not guarantee any health, fitness, or nutrition outcomes. You are responsible for your choices and activities.
- Limitation of Liability: To the maximum extent permitted by law, Spartan and its owners, affiliates, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; any loss of data, revenue, profits, or goodwill; or any personal injury or property damage, arising from or relating to your use of the Service or your activities. Our total liability for any claim is limited to the greater of $100 or the amounts you paid to us (if any) in the 12 months preceding the claim.
- Limitation Period: Any claim arising out of or related to the Service must be filed within one (1) year after the cause of action accrues, otherwise such claim is permanently barred, to the fullest extent permitted by law.
Some jurisdictions do not allow certain limitations; in that case, the above limitations apply to the fullest extent permitted by law.
14. Indemnification
You agree to indemnify and hold harmless Spartan, its owners, affiliates, and service providers from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or relating to your use of the Service or violation of these Terms or any laws.
15. Changes to the Service and Terms
We may modify or discontinue the Service (in whole or part) at any time. We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and provide additional notice as appropriate (e.g., in-app). Your continued use after changes means you accept the updated Terms.
16. Miscellaneous
- Assignment: You may not assign these Terms without our consent. We may assign them.
- Severability: If any provision is unenforceable, the remainder remains in effect.
- Entire Agreement: These Terms, along with the Privacy Policy, are the entire agreement between you and Spartan regarding the Service.
- Waiver: Failure to enforce a provision is not a waiver.
Force Majeure: Spartan will not be liable for delays or failures in performance resulting from events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, internet/service provider failures, or power outages.
Export Controls and Sanctions: You represent that you are not located in, under the control of, or a national or resident of any country or person subject to U.S. embargoes or sanctions. You agree to comply with all applicable export control and sanctions laws.
Beta and Experimental Features: Certain features may be labeled beta, preview, or experimental and may be incomplete or change at any time. They are provided “AS IS,” may contain bugs, and may be subject to additional terms.
Class Action and Jury Trial Waiver (where permitted by law): To the fullest extent permitted by law, you and Spartan agree that any disputes will be brought only on an individual basis and not as a class, consolidated, or representative action. You and Spartan waive any right to a jury trial. If the class action waiver is found unenforceable, this waiver shall be severable, and the remaining provisions will continue in full force.
17. Contact
Email: support@thespartan.app