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Terms of Service.

Effective September 1, 2026 · Supercomplicated LLC

Effective date: September 1, 2026

Version: 2026-09-01

1. Agreement to Terms

These Terms of Service (the "Terms") are a legally binding agreement between you and Supercomplicated LLC, a Delaware limited liability company with its principal place of business in Massachusetts ("HeyFitt," "Supercomplicated," "we," "us," or "our"), governing your access to and use of the HeyFitt website, application, and related services (collectively, the "Service"). HeyFitt is a product and brand owned and operated by Supercomplicated LLC.

If you do not agree to these Terms, do not access or use the Service. Your continued use of the Service constitutes acceptance of these Terms and any updates to them.

2. Eligibility

By creating an account or using the Service, you represent and warrant that:

1. You are at least 18 years of age. The Service is strictly limited to adults. We do not knowingly permit anyone under 18 to use the Service, and we may terminate any account we reasonably believe belongs to a person under 18.
2. You have the legal capacity to enter into a binding contract.
3. You are not prohibited from using the Service under the laws of the United States or any other applicable jurisdiction.
4. You have never been convicted of, and are not subject to pending charges for, a felony or indictable offense (or a crime of similar severity), a sex crime, or any crime involving violence or the threat of violence, and you are not required to register as a sex offender with any government registry.
5. You will list only gyms at which you genuinely train or hold a membership.
6. All registration and profile information you submit is truthful and accurate, and you will keep it that way.
7. You are in the United States. The Service is offered to persons in the United States, and the gyms it covers are in the United States. We do not offer the Service to persons in the United Kingdom or the European Economic Area, we do not direct it at them, and we do not monitor the behaviour of people in those places. If you are outside the United States, the Service is not offered to you, it will not find the gyms you actually train at, and listing a gym you do not train at breaches Section 2.5 whether or not we detect it.

We may (but have no obligation to) use any lawful means to assess eligibility, and we may refuse, suspend, or terminate any account at our sole discretion, with or without notice.

3. Your Account

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at our legal inbox (the address is shown at the end of this page) of any unauthorized use. You may not sell, transfer, or share your account, and you may maintain only one account. If we terminate or suspend your account, you may not register a new account without our express written permission, and any attempt to do so is unauthorized access to the Service.

4. The Service — and What HeyFitt Does Not Do

HeyFitt is a platform that allows adult gym members to create profiles, share workout preferences and schedules, and connect with other members who list the same gym, for the purpose of arranging training sessions. HeyFitt also displays informational listings of gyms compiled from publicly available sources.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. HEYFITT DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS, IDENTITY VERIFICATION, OR ANY OTHER SCREENING OF ITS MEMBERS. We do not verify the identity, statements, background, criminal history, health status, or intentions of any member, and we make no representations or warranties as to the conduct, identity, or compatibility of any member. All member representations, including the eligibility representations in Section 2, are self-certified by the member; HeyFitt does not and cannot verify them, does not undertake any duty to verify them, and does not warrant their truth.
2. GYM MEMBERSHIPS ARE SELF-REPORTED AND UNVERIFIED. HeyFitt cannot and does not confirm that any member actually belongs to, or is permitted to enter, any gym they list.
3. HEYFITT IS NOT A PARTY TO ANY INTERACTION, COMMUNICATION, MEETING, OR TRAINING SESSION BETWEEN MEMBERS, whether arranged through the Service or otherwise, and has no control over and assumes no responsibility for the conduct of any member, whether online or offline.
4. HEYFITT IS NOT AN EMERGENCY SERVICE. Reporting a member to us is not a substitute for contacting law enforcement. If you believe you or anyone else is in danger, contact local law enforcement (911 in the U.S.) immediately.

5. Interactions Between Members; Assumption of Risk

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. You understand and agree that meeting people — online or in person — carries inherent risks, including the risk of encountering individuals who misrepresent themselves or who act unlawfully, offensively, or dangerously, and you knowingly and voluntarily assume all risks associated with your use of the Service and your communications, meetings, and other interactions with other members and with any other persons you meet through or as a result of the Service, whether those interactions occur online, on gym premises, or anywhere else.

We strongly encourage you to exercise caution and good judgment: meet only inside the staffed areas of a gym, tell someone where you are going, do not share personal contact details, financial information, home address, or schedule details until you are comfortable, and stop contact with anyone who makes you uncomfortable. These suggestions are provided for convenience only; HeyFitt has no duty to provide safety measures, warnings, or supervision of any kind, and no safety suggestion, feature, or moderation action creates any such duty.

6. Release of Claims

To the fullest extent permitted by applicable law, you hereby release, waive, and forever discharge HeyFitt and its owner(s), officers, directors, members, managers, employees, contractors, agents, licensors, successors, and assigns (collectively, the "HeyFitt Parties") from and against any and all claims, demands, damages (actual, consequential, or otherwise), losses, liabilities, costs, and causes of action of every kind and nature, known and unknown, suspected and unsuspected, arising out of or in any way connected with (a) any dispute between you and one or more other members or third parties, (b) the acts or omissions of any member or third party, whether occurring on or off the Service, including without limitation assault, battery, harassment, stalking, sexual misconduct, theft, fraud, misrepresentation, defamation, or emotional distress, and (c) any in-person meeting or training session arranged through or as a result of the Service. To the fullest extent permitted by applicable law, this release extends to claims premised on the alleged negligence of any HeyFitt Party, including alleged negligent screening, negligent monitoring or moderation, negligent misrepresentation, negligent design or operation of the Service, failure to verify any member's identity or representations, failure to warn, and failure to suspend or remove any member or content.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE § 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you reside in another jurisdiction with a comparable statute, you waive its protections to the extent permitted by law.

Nothing in this Section releases the HeyFitt Parties from liability that cannot be released under applicable law.

7. Physical Activity; Additional Assumption of Risk

Exercise and physical training carry inherent risks, including serious injury and death. You represent that you are physically able to participate in the activities you arrange, and you should consult a physician before beginning any training program. You assume all risks arising from physical activity, spotting, use of equipment, and the condition of any premises, and you agree that the HeyFitt Parties have no responsibility for any injury, illness, or death arising from any training session or physical activity, however arranged.

8. Gym Listings and Gym Premises

Gym listings on the Service are compiled from publicly available sources for informational purposes only. HeyFitt has no affiliation, partnership, sponsorship, or other relationship with any gym listed on the Service unless expressly stated, and a listing does not imply the gym's awareness of, participation in, or endorsement of HeyFitt. We do not warrant the accuracy, completeness, or currency of any gym listing, including hours, amenities, membership requirements, or location.

You are solely responsible for complying with the rules, policies, and membership requirements of any gym you visit. The HeyFitt Parties are not responsible for any denial of entry, membership dispute, fee, injury, loss, or other event occurring on or in connection with any gym's premises. A gym that wishes to correct or remove its listing may contact us at our legal inbox.

9. Member Content

"Member Content" means anything you submit to the Service, including your profile, photos, bio, workout preferences, schedules, training logs, messages, and reports.

1. Ownership and license. You retain ownership of your Member Content. You grant HeyFitt a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers) license to host, store, reproduce, adapt (for technical display purposes), display, and distribute your Member Content for the purposes of operating, providing, moderating, securing, improving, and promoting the Service, and to create and use de-identified or aggregated data derived from it. This license continues after account deletion solely to the extent necessary for moderation, safety, enforcement, dispute-resolution, backup, and legal-compliance purposes, and for de-identified or aggregated data. To the fullest extent permitted by applicable law, you irrevocably waive any moral rights, rights of attribution or integrity, and similar rights in your Member Content with respect to uses permitted by this license.
2. Your representations. You represent and warrant that you own or have all rights necessary to submit your Member Content; that it is accurate; and that it does not infringe or violate any third party's rights or any law. You may upload only photos of yourself and must have the consent of any other identifiable person appearing in a photo.
3. No obligation to preserve. We may remove, restrict, or refuse any Member Content at our sole discretion, and we are not responsible for the loss of any Member Content.

10. Prohibited Conduct

You agree not to, and not to attempt to:

1. Harass, threaten, intimidate, stalk, defame, abuse, or harm any person, or encourage others to do so;
2. Make romantic or sexual advances toward other members, or use the Service for dating, solicitation, or commercial sexual purposes — the Service is for arranging training;
3. Misrepresent your identity, age, eligibility, gym membership, qualifications, or affiliation with any person or entity, or impersonate anyone;
4. Post content that is unlawful, obscene, pornographic, hateful, discriminatory, violent, or that infringes any intellectual property, privacy, or publicity right;
5. Solicit money, financial information, or passwords from any member, or engage in fraud or deceptive practices;
6. Use the Service for any commercial purpose without our written consent, including advertising, personal-training solicitation (except through features we expressly provide), or recruitment;
7. Collect, scrape, or harvest data or content from the Service, whether manually or by automated means (including bots, crawlers, or scripts), use any member's information for any purpose outside the Service, or use any data or content from the Service to develop or train any machine-learning, artificial-intelligence, or similar system;
8. Use another person's account, create multiple accounts, or create an account after we have suspended or terminated you;
9. Interfere with, disrupt, reverse engineer, or circumvent any security or access controls of the Service, or introduce malicious code;
10. Use the Service in violation of any applicable law or these Terms.

This list is illustrative, not exhaustive. You also agree to comply with our Community Guidelines, which are incorporated into these Terms by reference and which we may update from time to time; conduct that violates the Community Guidelines is a violation of these Terms.

11. Moderation, Reporting, and Enforcement

We provide tools to report and block other members. We may, but are under no obligation to, monitor, review, screen, or moderate Member Content or member conduct. We may investigate reports, take or decline to take any enforcement action, and suspend or terminate any account, all at our sole discretion, with or without notice, and without liability to you or anyone else. We do not disclose the identity of a reporting member to the reported member. We may retain records relating to reports, investigations, enforcement actions, and terminated accounts (including information sufficient to prevent banned users from re-registering) even after the accounts involved are deleted. We may disclose information to law enforcement or others as described in our Privacy Policy. By using the Service, you expressly consent to HeyFitt accessing, storing, monitoring, and reviewing your Member Content — including messages between members — for the purposes described in these Terms and the Privacy Policy.

12. Our Intellectual Property; Feedback

The Service, including its software, design, text, graphics, logos, and trademarks (excluding Member Content and third-party content), is owned by HeyFitt or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use in accordance with these Terms. If you send us ideas, suggestions, or feedback, you assign to us all rights in that feedback and agree we may use it without restriction or compensation.

13. Copyright Complaints (DMCA)

If you believe content on the Service infringes your copyright, send a notice compliant with 17 U.S.C. § 512(c)(3) to our designated agent: Copyright Agent, Supercomplicated LLC, PO Box 43, Winchester, MA 01890, or our legal inbox. We will respond to valid notices, may remove identified material, and may terminate repeat infringers.

14. Third-Party Services

The Service may contain links to third-party websites or services (including gym websites). We do not control and are not responsible for third-party content, policies, or practices, and linking does not imply endorsement. Your use of third-party services is at your own risk and subject to their terms.

15. Fees, Price Changes, and Charging for What Is Free Today

1. Today. The Service is currently offered free of charge.

1. Introducing fees. We may introduce fees for the Service or for any part of it, including features that are free when you first use them, and we may change what is included at each price. We will give you notice before a feature you are using becomes payable, and you will not be charged for it until you choose a paid plan or otherwise agree to the charge.

1. Changing prices. We may change the price of any paid feature. Where a change increases a recurring amount you pay, we will give at least thirty (30) days' notice by email or in the Service, and the change takes effect at your next renewal. Your continued use of the paid feature after the change takes effect is your acceptance of it. If you do not agree, your sole and exclusive remedy is to stop using the paid feature, or cancel it, before the change takes effect.

1. Free features may end. Nothing in these Terms obliges us to keep offering any feature free of charge, or to keep offering it at all. Section 16 governs changes to and discontinuation of the Service.

16. Termination; Discontinuation of the Service

You may stop using the Service and delete your account at any time through your profile settings.

Removal of members. We reserve the right to suspend, restrict, or terminate any member's account or access to all or part of the Service at any time, at the sole discretion of HeyFitt's management, for any reason or no reason, with or without notice or explanation, and without liability to you or any third party, including for any violation or suspected violation of these Terms.

Discontinuation of the Service. We may modify, suspend, or discontinue the Service, in whole or in part, temporarily or permanently, at any time and with immediate effect, with or without notice, and we will have no liability to you or any third party for any modification, suspension, or discontinuation of the Service.

Notice, and when there is none. Where we discontinue the Service or a paid feature generally, we will give notice we consider reasonable in the circumstances. We may act with immediate effect and without notice where we consider it necessary, including to address a security, safety, legal, regulatory, fraud, or abuse risk, to respond to a third party we depend on, or where giving notice is not practicable.

Getting your data out. Where we discontinue the Service or a paid feature generally, we will make a reasonable effort to offer you a way to export the information associated with your account before access ends, in a commonly used, machine-readable format. This does not apply where we cannot practicably do so, and does not extend to information we are not permitted to disclose, information about other members, or anything that would compromise the safety or privacy of another person.

Refunds. Where you have paid for a period or an allowance that we do not supply because we discontinued it or terminated your access other than for your breach of these Terms, we will refund the amount you paid for the part not supplied. Refunds are limited to amounts you actually paid to HeyFitt, are our entire liability for the discontinuation, and are subject to Section 18. Where we terminate your access for your breach, no refund is due.

Upon termination, your license to use the Service ends immediately. Sections that by their nature should survive termination — including Sections 5–9, 11–12, and 17–25 — survive.

17. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE HEYFITT PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, THE HEYFITT PARTIES MAKE NO WARRANTY AND ASSUME NO RESPONSIBILITY REGARDING: (A) THE CONDUCT, IDENTITY, STATEMENTS, INTENTIONS, HEALTH, BACKGROUND, OR COMPATIBILITY OF ANY MEMBER; (B) THE ACCURACY OF ANY PROFILE, GYM LISTING, OR OTHER CONTENT; (C) WHETHER THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; OR (D) ANY OUTCOME OF ANY MEETING OR TRAINING SESSION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL THE HEYFITT PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, WARRANTY, TORT — INCLUDING NEGLIGENCE — STRICT LIABILITY, STATUTE, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) IN NO EVENT WILL THE HEYFITT PARTIES BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THE CONDUCT, ACTS, OR OMISSIONS OF ANY MEMBER OR OTHER THIRD PARTY, WHETHER ONLINE OR OFFLINE, INCLUDING BODILY INJURY, EMOTIONAL DISTRESS, HARASSMENT, OR ANY OTHER DAMAGES ARISING FROM COMMUNICATIONS, MEETINGS, OR TRAINING SESSIONS WITH OTHER MEMBERS OR PERSONS MET THROUGH THE SERVICE; AND (C) THE AGGREGATE LIABILITY OF THE HEYFITT PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO HEYFITT IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR ONE HUNDRED U.S. DOLLARS (US $100).

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT AND DELETE YOUR ACCOUNT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF THAT WOULD ENJOIN, RESTRAIN, OR INTERFERE WITH THE OPERATION OF THE SERVICE, AND YOU AGREE THAT YOUR CLAIMS ARE LIMITED TO CLAIMS FOR MONEY DAMAGES, SUBJECT TO THE LIMITS IN THIS SECTION.

THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND HEYFITT AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THOSE JURISDICTIONS, THE HEYFITT PARTIES' LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

19. Indemnification

You agree to indemnify, defend, and hold harmless the HeyFitt Parties from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Member Content; (b) your use of the Service; (c) your breach of these Terms or of any representation or warranty in them; (d) your violation of any law or the rights of any third party; or (e) your conduct toward, communications with, meetings with, or disputes with any other member or third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense. You may not settle any such matter without our prior written consent. This Section survives termination of your account and these Terms.

20. Dispute Resolution — Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

1. Informal resolution first. Before filing any arbitration or court claim, you and HeyFitt each agree to first send the other an individualized, written notice of the dispute describing the claim and the relief sought (to us: our legal inbox, or by mail to Supercomplicated LLC, Attn: Legal, PO Box 43, Winchester, MA 01890), and to negotiate in good faith for at least sixty (60) days. Any applicable statute of limitations is tolled during this period. Either party may request a telephone or video conference during this period, and both parties must personally participate; counsel may attend as well. That conference is individualized: a separate conference is held each time a dispute is initiated, even where the same counsel, law firm, group of law firms, or organization represents or assists multiple claimants, and claimants may not be combined into one conference unless every party agrees. This is a condition precedent to initiating arbitration or litigation, and an arbitration demand filed without it may be dismissed or stayed on either party's request.
2. Agreement to arbitrate. Except as provided below, you and HeyFitt agree that any dispute, claim, or controversy arising out of or relating to the Service, these Terms, our Privacy Policy, or your relationship with HeyFitt — including claims relating to interactions with other members and claims that arose before you accepted these Terms — will be resolved exclusively by final and binding arbitration on an individual basis, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator. This agreement is governed by the Federal Arbitration Act. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator is bound by these Terms and applicable law and may not award any relief inconsistent with these Terms, including Section 18.
3. Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in court for infringement or misuse of intellectual-property rights or for unauthorized access to the Service.
4. Class action and jury waiver. YOU AND HEYFITT EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. Only a court, not the arbitrator, may decide the enforceability of this class action waiver; if it is found unenforceable as to a particular claim or request for relief, that claim or request for relief (and only that one) is severed and must proceed in the courts named in Section 21, and the remainder stays in arbitration. A claim severed this way may not proceed in litigation and is stayed until every dispute between the parties that remains in arbitration is finally resolved.
5. Batch arbitration. If twenty-five (25) or more demands of a substantially similar nature are filed against HeyFitt by or with the assistance of the same counsel, law firm, group of law firms, or organization within a reasonably proximate period — for example, ninety (90) days — the parties agree that the administrator will (a) administer the demands in batches of up to one hundred (100) (or, where between 25 and 99 demands are filed, in a single batch, with any remainder after batching forming a final batch); (b) appoint one arbitrator per batch; and (c) resolve each batch on a consolidated basis with one set of filing and administrative fees, one procedural calendar, one hearing if any, and one final award granting each individual claimant whatever relief the arbitrator determines that claimant is entitled to. Batches are administered concurrently so far as possible. Demands are of a "substantially similar nature" where they arise out of the same event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief. If the parties disagree about whether this Section applies, the administrator will appoint a procedural or emergency arbitrator to decide that question on an expedited basis, and HeyFitt will pay that arbitrator's fees. The informal-resolution requirement in Section 20.1 applies individually to each claimant. This Section does not authorize or create a class, collective, or representative arbitration of any kind, and nothing in it prevents any party from participating in an arbitration administered under it, or in a class-wide or mass settlement.
6. Fees. Payment of filing, administration, and arbitrator fees will be governed by the provider's rules. HeyFitt will pay fees required of it by those rules or by applicable law. If a party brings in court a claim subject to arbitration and the other party successfully compels arbitration, the party that filed in court will reimburse the other party's reasonable costs and attorneys' fees incurred in compelling arbitration, to the extent permitted by law. The arbitrator may award sanctions, including reasonable attorneys' fees, against any party whose claim, counterclaim, or conduct the arbitrator determines to be frivolous or asserted for an improper purpose, under standards comparable to Federal Rule of Civil Procedure 11.
7. Arbitration procedure. The arbitration will be conducted in English. Unless the parties agree otherwise, hearings (if any) will be held by videoconference or, if in person, in the county where you reside or another mutually agreed location. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court, and not the arbitrator, decides any question about the enforceability of Section 20.4 or Section 20.5 — the second because Section 20.9 makes that question determine whether this arbitration agreement stands at all.
8. 30-day opt-out. You may opt out of this arbitration agreement (but not the rest of these Terms) by writing to our legal inbox within thirty (30) days of first accepting these Terms, with your name, account email, and a clear statement that you opt out of arbitration. An opt-out is effective only if you send it yourself, individually, on your own behalf. An opt-out purportedly sent on your behalf by a third party, or sent on behalf of more than one member, has no effect. Opting out has no effect on any prior or future agreements to arbitrate, and if you opt out the rest of these Terms continue to apply to you.
9. If batching fails, arbitration fails. If Section 20.5 is held invalid or unenforceable, then this entire Section 20 is void, and every dispute between the parties will instead be heard exclusively in the courts named in Section 21. The parties agree that the batch mechanism in Section 20.5 is a material and non-severable part of their agreement to arbitrate, and that neither party would have agreed to arbitrate without it.
10. Severability; survival. Except as Sections 20.4 and 20.9 provide, if any portion of this Section 20 is found unenforceable, that portion will be severed and the remainder enforced. This Section survives termination of your account and these Terms.

21. Governing Law; Venue; Time Limit on Claims

These Terms and any dispute arising out of them or the Service are governed by the laws of the Commonwealth of Massachusetts and applicable U.S. federal law, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 20. For any claim not subject to arbitration, you and HeyFitt consent to the exclusive jurisdiction and venue of the state courts located in Middlesex County, Massachusetts, and the United States District Court for the District of Massachusetts. To the fullest extent permitted by applicable law, any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim accrued, or it is permanently barred.

22. Changes to the Terms

We may modify these Terms at any time. If we make material changes, we will provide notice (for example, by email, in-product notice, or by requiring re-acceptance) and update the effective date above. Changes take effect upon posting unless otherwise stated, and your continued use of the Service after changes take effect constitutes acceptance. We keep a record of the version of the Terms you accepted. If you do not agree to a modified version of these Terms, your sole and exclusive remedy is to stop using the Service and delete your account before the change takes effect.

23. Electronic Communications

You consent to receive communications from us electronically (by email or through the Service), and you agree that all agreements, notices, and disclosures we provide electronically satisfy any legal requirement that they be in writing.

24. General Terms

These Terms, together with our Community Guidelines and any additional terms we present for specific features, are the entire agreement between you and HeyFitt regarding the Service and supersede all prior agreements. Our Privacy Policy describes our information practices and is provided as a notice; it does not create contractual rights or obligations, although any dispute relating to it remains subject to Section 20. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them without restriction, including in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates any partnership, agency, employment, or fiduciary relationship between you and HeyFitt, or between HeyFitt and any gym. We are not liable for any failure or delay caused by events beyond our reasonable control. We may provide notices to you by email to the address associated with your account or through the Service, and notices are deemed given when sent. Section headings are for convenience only; "including" means "including without limitation"; and these Terms will not be construed against either party as the drafter. The HeyFitt Parties are intended third-party beneficiaries of Sections 5, 6, 7, 17, 18, 19, and 20 and may enforce them directly.

25. Retention of Information; Promotions and Offers

1. We keep information for as long as we need it. We retain member and trainer information for as long as your account is active and afterwards for as long as is reasonably necessary for the purposes set out in our Privacy Policy — which include operating and improving the Service, safety, moderation and enforcement, preventing banned accounts from returning, fraud prevention, resolving disputes, enforcing our agreements, establishing or defending legal claims, and complying with legal obligations. Information that has been aggregated or de-identified so that it no longer identifies you may be retained and used indefinitely, including to develop and improve our products.

1. What retention does not override. Our retention of your information is subject to the Privacy Policy and to the rights applicable law gives you, including any right to request deletion. Where the law requires us to delete information, we delete it; the Privacy Policy describes what we may keep and for how long, and it governs if there is any conflict with this Section.

1. Promotions, offers, and advertising. We may show you promotions, offers, recommendations, and advertising in the Service and in messages we send you, and we may select what you see using the information we hold about you, including your gyms, your activity, and how you use the Service. We may do this ourselves and through service providers acting for us.

1. Your choices, and where your consent is required. You may opt out of marketing messages at any time using the unsubscribe link in any marketing message; we will still send administrative and safety messages. Where applicable law requires your consent before we use your information to select advertising or offers — or requires that we offer you a way to opt out — we will obtain that consent or provide that choice before doing so, and not using your information in that way is always an option you may take. Our Privacy Policy states what we currently do, and we will update it before we start doing anything it does not describe.

26. Contact

Supercomplicated LLC (operator of HeyFitt)

PO Box 43, Winchester, MA 01890

Our legal inbox

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