Terms of Use

1. The agreement

These Terms of Use (“Terms”) are an agreement between you and DayTech Enterprises, LLC (“Spotter”, “we”, “us”) covering the Spotter app for iPhone and Apple Watch, the online services it uses for friends, leagues, challenges and packs (the “Service”), and this website. By installing or using Spotter you agree to these Terms and to our Privacy Policy. If you do not agree, do not use Spotter.

2. Who can use Spotter

You must be at least 13 years old to use Spotter, with or without an account. We use age-range information supplied by Apple. We do not independently verify your age or collect or store your date of birth. Spotter is not directed to children under 13.

If you are under the age of majority where you live, you may use Spotter only with the agreement of a parent or guardian, who accepts these Terms on your behalf.

3. Your license to use the app

We grant you a personal, non-exclusive, non-transferable, revocable license to install and use Spotter on Apple devices you own or control, for your own non-commercial fitness tracking, in line with these Terms and the App Store's usage rules. You may not copy, modify, reverse engineer, resell or redistribute Spotter, or use it to build a competing product, except where the law allows it regardless of this restriction.

4. Beta software

Before public launch, Spotter is distributed through Apple's TestFlight. Beta builds are unfinished: features change, things break, and a beta build can stop working or expire. Your workout history is stored on your device, and we recommend using Export Workouts in Settings to keep a copy. Beta builds upload diagnostics by default; the Privacy Policy explains what is included and how to turn it off. Apple's TestFlight terms also apply while you use a beta build.

5. Accounts

• You can log workouts without an account. An account is needed for cloud backup and social features, including friends, weekly leagues, challenges and packs.
• You may sign in with Apple, with Google, or with an email address and password. Keep your sign-in method secure and tell us if you think someone else has used your account. You are responsible for activity on your account.
• Use a real email address that you control. One account per person.
• Usernames are first come, first served. We may reclaim a username that impersonates someone, infringes a trademark, or is inactive for a long time.
• You can delete your account at any time; see Delete your account.

6. Community rules

Spotter's social features are friends-only, but they still involve other people. When you use them you agree not to:

• Harass, threaten, bully, or intimidate anyone, or encourage self-harm, disordered eating, or dangerous training practices.
• Post hateful, sexually explicit, violent, or otherwise objectionable content, including in usernames, display names, workout names, exercise names, or pack and challenge names.
• Impersonate another person or organization, or misrepresent who you are.
• Share someone else's personal information without their permission.
• Send unsolicited invitations, challenges, or nudges to people who have asked you to stop.
• Falsify workouts to manipulate leagues, challenges or packs.
• Interfere with the Service, probe or attack it, scrape it, or access it by any means other than the app.
• Use Spotter for anything illegal.

7. Your content

“Your content” means anything you create in Spotter that other people can see: your username and display name, workout names and custom exercise names you share, cheers, and the summaries of workouts you choose to share. You own your content. So that the Service can work, you give us a worldwide, non-exclusive, royalty-free license to store, display and transmit your content to the people you share it with, for as long as it stays on the Service. We do not use your content for advertising and we do not sell it.

You are responsible for your content and confirm that you have the right to share it. We are not obliged to monitor content, but we may remove content that we believe breaks these Terms or the law, without notice.

8. Reporting, blocking and enforcement

Our Community Guidelines are part of these Terms. They say what isn't allowed, how to report a person, workout or challenge from the ellipsis menu, and how to block someone. We review reports promptly and prioritize threats, harassment and other serious abuse. Content that breaks the guidelines may be hidden, and accounts that break them may be suspended or removed. If we suspend or terminate your account you may contact us at support@spotterlifts.com.

9. Not medical advice

Spotter is a tracking tool, not a coach, trainer or medical provider. Progression suggestions, targets, rest timers, statistics and heart-rate or calorie figures are estimates for your information only and are not medical advice. Consult a physician before starting or changing an exercise program, especially if you have a medical condition. Lifting weights carries a risk of injury; you are responsible for training safely, using appropriate loads, and stopping if something feels wrong. Heart-rate and calorie values come from Apple Watch and Apple Health and are subject to their accuracy limits.

10. Voice logging

Voice logging uses speech recognition on your device, and speech recognition makes mistakes. Spotter shows every set it logs so you can review and correct it, and it asks before applying changes it is unsure about. You are responsible for checking your log. Spotter's microphone can pick up people around you; use it in a way that respects others and any rules of the place you train in.

11. Price

Spotter is free to download and use. It currently has no in-app purchases.

12. Our intellectual property

Spotter, the Spotter mark and logo, the app, its design, exercise library and artwork, and this website belong to us or our licensors and are protected by copyright and trademark law. These Terms do not give you any right to use our name or marks. Apple, iPhone, Apple Watch, Apple Health, Sign in with Apple and TestFlight are trademarks of Apple Inc. Google is a trademark of Google LLC. We use them only to describe compatibility.

13. Apple, Google and other services

• Spotter is currently distributed through Apple’s TestFlight. Apple's standard Licensed Application End User License Agreement also applies to your download of the app; where it conflicts with these Terms in a way Apple's terms do not allow, Apple's terms control for that point. Apple is not responsible for Spotter or for providing support for it, and is a third-party beneficiary of these Terms with the right to enforce them against you.
• Sign in with Apple, Sign in with Google, Apple Health and Apple Push Notification service are provided by Apple and Google under their own terms.
• Our online services run on Amazon Web Services. We are responsible for how we use them; AWS is not a party to these Terms.

14. Ending the agreement

You can stop using Spotter at any time, and delete your account as described on the Delete your account page. We may suspend or end your access to the Service if you break these Terms, if the law requires it, or if we discontinue the Service; we will give reasonable notice where we can. Sections 7 (for content already shared, until removed), 9, 12, 15, 16 and 17 survive termination.

15. Disclaimers

SPOTTER IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT SPOTTER WILL BE ACCURATE, UNINTERRUPTED, ERROR-FREE OR SECURE, THAT VOICE RECOGNITION WILL BE CORRECT, OR THAT DATA STORED ON YOUR DEVICE WILL NOT BE LOST. Some jurisdictions do not allow these disclaimers, so some may not apply to you.

16. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, SPOTTER AND ITS OWNERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING FROM YOUR USE OF SPOTTER, INCLUDING INJURY SUSTAINED WHILE TRAINING. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO SPOTTER IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND US $50. Nothing in these Terms limits liability that cannot be limited by law.

17. Contact

DayTech Enterprises, LLC
support@spotterlifts.com