Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using Nolimits Evolution ("the App", "our service"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.

2. Description of Service

Nolimits Evolution is a fitness and running application that provides:

• Run tracking and fitness statistics
• Social features including challenges, posts, and messaging
• Nutrition information and food lookup
• Music playlists and audio playback
• E-commerce features for purchasing fitness products
• Location-based services including weather and nearby places
• NE Smart: On-device machine learning for personalized insights, predictions, and recommendations

3. User Accounts

3.1 Account Creation

To use certain features of the App, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized access or use of your account.

4. Acceptable Use

You agree not to:

• Use the App for any illegal purpose or in violation of any laws
• Post, upload, or transmit any content that is harmful, offensive, defamatory, or violates others' rights
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the App or servers connected to the App
• Attempt to gain unauthorized access to the App or related systems
• Use automated systems to access the App without permission
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or proprietary notices

5. User Content

5.1 Content Ownership

You retain ownership of content you post, upload, or share through the App ("User Content"). By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content in connection with the App.

5.2 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You have the right to post the User Content
• The User Content does not violate any third-party rights
• The User Content complies with these Terms and applicable laws

5.3 Zero Tolerance Policy for Objectionable Content

Nolimits Evolution has a ZERO TOLERANCE policy for objectionable content and abusive users. We are committed to maintaining a safe, respectful, and inclusive community for all users.

Prohibited Content: You are strictly prohibited from posting, uploading, or transmitting any content that is:

• Harassment or Bullying: Content that harasses, intimidates, threatens, or bullies any individual or group
• Hate Speech: Content that promotes hatred, violence, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic
• Explicit or Sexual Content: Nudity, sexually explicit material, or content of a sexual nature
• Violence or Threats: Content that depicts, promotes, or threatens violence against individuals or groups
• Spam or Scams: Unsolicited promotional content, scams, phishing attempts, or fraudulent activity
• Illegal Content: Content that violates any applicable laws or regulations
• Impersonation: Content that impersonates another person, entity, or organization
• Privacy Violations: Content that reveals private information about others without consent

Consequences: Violation of this policy will result in immediate action, including but not limited to:

• Immediate removal of the objectionable content
• Permanent ban of the user account responsible for the content
• Reporting to law enforcement if the content is illegal
• Legal action if applicable

No Warnings: We do not provide warnings for violations of this zero tolerance policy. Users who post objectionable content will be immediately and permanently banned from the platform.

Your Responsibility: By using the App and accessing social features, you agree that you have read, understood, and will comply with this zero tolerance policy. You acknowledge that posting objectionable content may result in immediate account termination without refund or recourse.

5.4 Content Moderation and Reporting

We actively moderate content and respond to user reports to maintain a safe community environment.

Content Filtering: All user-generated content (posts, comments, messages) is automatically filtered for objectionable content before being published. Content that violates our policies will be automatically blocked or flagged for review.

Reporting Mechanism: You can report objectionable content or abusive users through the app's reporting features. Every post, comment, and user profile has a "Report" option accessible via the three-dot menu (⋮).

24-Hour Response Commitment: We commit to reviewing and acting on all content reports within 24 hours. Reports are prioritized based on severity, with serious violations (threats, illegal content, explicit material) escalated for immediate same-day review.

Moderation Actions: When we identify objectionable content, we will:

• Immediately remove the objectionable content
• Permanently ban the user who posted the content
• Notify the reporter when action has been taken (if applicable)
• Maintain records of moderation actions for audit purposes

User Blocking: You can block abusive users directly from their profile or posts. Blocked users cannot see your content, send you messages, or interact with you. You can manage your blocked users list in Settings > Privacy & Safety > Blocked Users.

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, at our sole discretion, without notice. We may also suspend or terminate accounts for repeated violations or severe offenses.

6. NE Smart and Machine Learning Features

The App includes NE Smart, an on-device machine learning system that provides personalized insights, predictions, and recommendations based on your usage patterns and fitness data.

6.1 On-Device Processing and Data Sync

NE Smart processes data primarily on your device. All analysis, predictions, and recommendations are generated locally. To enable cross-device synchronization of your personalized insights and learning data, NE Smart may sync your learning patterns (run data, derived step patterns and trends, predictions, and insights) to our secure database. Note: We do not sync your actual step counts or raw step data - only derived patterns and insights for personalization. This allows you to access your personalized recommendations when you switch devices or reinstall the app.

Data Privacy: Your NE Smart learning data is stored securely in your user account and is only accessible to you. This data is used solely to provide personalized insights and recommendations. No machine learning data is shared with third parties or used for advertising purposes.

6.2 Accuracy and Limitations

You acknowledge that:

• NE Smart predictions and recommendations are based on statistical analysis and patterns in your data
• Predictions are estimates and may not always be accurate
• Recommendations are suggestions and should not replace professional medical or fitness advice
• The quality of insights improves with more usage data over time
• We are not responsible for decisions made based on NE Smart recommendations

6.3 Opt-Out

You can disable NE Smart at any time through app settings. Disabling will stop on-device machine learning processing and data collection. Other app features will continue to function normally.

7. Fitness and Health Disclaimer

IMPORTANT: The App provides fitness tracking and health information for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions regarding a medical condition or before starting any fitness program.

You acknowledge that:

• Physical exercise can be strenuous and may cause injury
• You should consult a physician before beginning any exercise program
• You assume all risks associated with your use of the App and any activities tracked
• We are not responsible for any injuries or health issues that may result from your use of the App

8. Location Services

The App uses location services to track runs and provide location-based features. By using location services, you acknowledge that:

• Location data may be inaccurate or unavailable
• Using location services may drain your device battery
• You should exercise caution when running in unfamiliar areas
• We are not responsible for any incidents that occur while using location-based features

9. Purchases and Payments

8.1 Products

The App may offer products for purchase. All purchases are subject to:

• Product availability and pricing (subject to change)
• Payment processing through Stripe
• Our shipping and return policies

8.2 Payment

You agree to provide current, complete, and accurate purchase information. All payments are processed securely through Stripe. You are responsible for all charges incurred under your account.

8.3 Refunds

Refund policies are subject to our return policy and applicable consumer protection laws. Contact us for refund requests.

10. Intellectual Property

The App and its content, features, and functionality are owned by Nolimits Evolution and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our prior written consent.

11. Monetization

Nolimits Evolution is a free app to download and use. We monetize the app through the following methods:

11.1 In-App Store Purchases

The App includes an in-app store where you can purchase physical products, including:

• Fitness gear and apparel
• Streetwear and athletic clothing
• Running gadgets and accessories

All purchases are processed securely through Stripe. Payment methods include credit cards, Apple Pay (iOS), and Google Pay (Android). Product prices are displayed in the app and may vary based on availability and market conditions.

11.2 Third-Party Affiliate Programs

The App participates in third-party affiliate marketing programs. When you click on affiliate links within the app and make purchases from our affiliate partners, we may receive a commission. This helps us maintain and improve the app while keeping it free for users.

Affiliate programs include:

• Event Tickets: Links to fitness events, sports events, and urban culture events (e.g., Ticombo, Eventbrite) may be affiliate links. When you purchase tickets through these links, we may receive a commission.
• Product Recommendations: Some product links or recommendations may be affiliate links. We only recommend products and services that we believe may be valuable to our users.

Transparency: We are committed to transparency. Affiliate links are used to support the app's development and maintenance. The prices you pay for products or services through affiliate links are the same as if you accessed them directly. We do not charge you any additional fees for using affiliate links.

When you click on an affiliate link, you will be redirected to a third-party website. Your relationship with third-party merchants is separate from your relationship with us. Third-party websites have their own terms, privacy policies, and pricing.

12. Third-Party Services

The App integrates with third-party services (e.g., Stripe, Google Places, weather APIs). Your use of these services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or practices of third-party services.

13. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Accuracy, reliability, or availability of the App
• Fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of data, profits, or business opportunities
• Personal injury or property damage
• Errors or omissions in the App

Our total liability shall not exceed the amount you paid to us in the 12 months preceding the claim.

15. Indemnification

You agree to indemnify, defend, and hold harmless Nolimits Evolution and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the App
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights

16. Termination

We may terminate or suspend your account and access to the App at any time, with or without cause or notice, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the App will immediately cease
• We may delete your account and data
• All provisions that by their nature should survive termination will survive

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App and updating the "Last Updated" date. Your continued use of the App after changes constitutes acceptance of the modified Terms.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Nolimits Evolution operates, without regard to conflict of law principles.

19. Dispute Resolution

Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration in accordance with applicable arbitration rules, except where prohibited by law.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nolimits Evolution regarding your use of the App.

22. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@nolimitsevolution.com
App: Use the "Contact Us" feature in Settings