Terms of Service

Effective date: August 8, 2026

These Terms of Service ("Terms") are a contract between you and EO VITA Inc, a California corporation operating Carlsbad Fitness ("Carlsbad Fitness," "we," "us," or "our").

By creating an account or using the Carlsbad Fitness app (the "Service"), you agree to these Terms. If you do not agree, do not use the Service.

1. What Carlsbad Fitness is

Carlsbad Fitness is a free app that reads your fitness activity from Apple Health, awards points for that activity, ranks you on local leaderboards, lists fitness businesses in the Carlsbad area, and lets you redeem points for rewards offered by participating businesses.

We are an independent directory and rewards platform. We are not affiliated with, endorsed by, and do not own or operate any gym, studio, spa, trainer, or other business listed in the app, unless we expressly state otherwise. Listing a business is not an endorsement of it.

2. Eligibility

You must be at least 16 years old to create an account. Some features, including prize promotions, require you to be at least 18. You must provide accurate information and keep it current.

You are responsible for activity under your account and for keeping your credentials secure. Tell us promptly at support@carlsbadfitness.com if you believe your account has been compromised.

3. The Service is free

Carlsbad Fitness costs nothing to use. There are no memberships, subscriptions, or purchases in the app.

You cannot buy points. Points are earned through activity, check-ins, referrals, and similar actions only. We will not sell points, and no payment will ever increase your points, your standing, or your chances in any promotion.

4. Your account and your data

Our collection and use of your information is described in our Privacy Policy, which is part of these Terms.

You control what health data you share, whether you appear on leaderboards, and whether workout verification is enabled. You can export your data or delete your account at any time from within the app.

5. Health and safety (please read this)

Carlsbad Fitness is not a medical service and does not provide medical advice. Nothing in the app is a diagnosis, treatment, or professional recommendation. Points, scores, rankings, and any fitness figures we display are informational and are not clinical measurements.

Consult a physician before beginning or significantly changing an exercise program, especially if you have a medical condition, are pregnant, are recovering from injury, or have been advised to limit physical activity.

Physical activity carries inherent risk of injury. You participate at your own risk. Do not push yourself to earn points, extend a streak, climb a leaderboard, or complete a challenge. Nothing in this app is worth an injury. If you feel unwell, stop.

The data we read from Apple Health may be incomplete or inaccurate, and depends on your device and how you use it. Do not rely on it for any medical purpose.

6. Business listings and third parties

We compile listings from public sources and our own research. We do not warrant that any listing is accurate, complete, or current. Hours, pricing, services, and even whether a business is open can change without our knowledge. Confirm details directly with the business before relying on them.

Your dealings with any listed business are between you and that business. We are not a party to those transactions and are not responsible for the goods, services, safety, conduct, or facilities of any business, including any business that honors a reward.

7. Points

Points are a promotional tool we provide at our discretion.

• Points have no cash value, cannot be sold, transferred, or exchanged for money, and are not your property. They are a limited, revocable license to request rewards under these Terms.
• We may change how points are earned, how many an activity is worth, and what they can be redeemed for. Changes are prospective; we will not retroactively recalculate points already finalized.
• We may adjust, withhold, or remove points obtained through error, fraud, or violation of these Terms.
• Points may expire if we introduce expiration, and we will give reasonable notice before doing so.
• If your account is closed by you or by us, unredeemed points are forfeited.

Check-ins. Check-in confirms your presence at a venue using your location, and, if you enable workout verification, a matching workout. We may reject or reverse a check-in that fails these checks, and we may flag accounts for review. Attempting to falsify location or activity data is a material breach of these Terms.

8. Rewards

Rewards are offered by us or by participating businesses.

• Availability is limited and may end at any time. A reward shown in the app is not a guarantee it will be available when you claim it.
• Each reward has its own terms, expiry, and conditions, which we will show you before you claim.
• The business honoring a reward sets the conditions of the underlying good or service. We are not responsible if a business declines to honor a reward, changes its offer, closes, or provides a poor experience, though we want to hear about it so we can address it with them.
• If we void a claim due to error or suspected fraud, we will return the points unless the claim was fraudulent.
• Rewards are personal to you and may not be resold.

9. Contests and prize promotions

We may run contests, challenges, or prize promotions. If we do:

• Each promotion will have its own official rules governing eligibility, entry, dates, prize description and value, and how winners are determined. Those rules control if they conflict with these Terms.
• Entry will always be free and will never require a purchase.
• Unless a promotion's official rules state otherwise, winners are determined by skill, meaning measured activity performance, and not by chance.
• Prize promotions are limited to members 18 and older and to those legally eligible.
• Winners are responsible for all taxes on prizes. Where required, we will collect tax information and report prize values.
• We may disqualify any entrant we reasonably believe has cheated, falsified data, used multiple accounts, or otherwise undermined the integrity of a promotion.

10. Leaderboards, teams, and content you provide

If you participate in leaderboards, other members see your display name, rank, and score. You can opt out at any time.

You are responsible for content you submit, including your display name, profile photo, team names, and support messages. Do not submit anything unlawful, hateful, harassing, obscene, deceptive, infringing, or that impersonates another person or business.

We may remove content and rename or disable teams that violate these Terms, at our discretion and without notice.

You grant us a non-exclusive, worldwide, royalty-free license to host and display the content you submit, solely to operate the Service.

11. Acceptable use

Do not:

• Falsify, spoof, or manipulate location, health, or activity data, or use any device, emulator, or software to do so
• Create multiple accounts, or accounts for anyone other than yourself
• Use automation, scraping, or bots against the Service
• Interfere with, probe, or attempt to circumvent the security of the Service
• Reverse engineer the app except where that right cannot lawfully be restricted
• Use the Service for any unlawful purpose, or to harass or endanger anyone
• Resell, commercialize, or redistribute any part of the Service, including our business listings

Violating this section may result in loss of points, forfeiture of rewards, disqualification from promotions, and termination of your account.

12. Our intellectual property

The Service, including its software, design, branding, text, and the compiled directory, is owned by us or our licensors and protected by law. We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the app for its intended purpose. All rights not expressly granted are reserved.

Business names, logos, and trademarks in the app belong to their respective owners.

13. Changes, suspension, and termination

We may modify or discontinue any part of the Service. We may update these Terms; for material changes we will ask you to accept the updated Terms in the app, and continued use after they take effect means you accept them.

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

We may suspend or terminate your account if you breach these Terms, if we suspect fraud, or if we reasonably need to for legal or security reasons. Where practical and lawful, we will tell you why.

14. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation.

We do not warrant the accuracy of business listings, points calculations, health data read from your device, leaderboard standings, or reward availability.

Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

15. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or personal injury, arising from or related to your use of the Service, your participation in physical activity, any business listed in the app, or any reward or promotion.

Our total liability for any claim relating to the Service will not exceed one hundred dollars (100 USD). You acknowledge this limit is reasonable given that the Service is provided free of charge.

Nothing in these Terms limits liability that cannot lawfully be limited, including for gross negligence, willful misconduct, or fraud.

16. Disputes

Governing law. These Terms are governed by the laws of the State of California, without regard to conflict of laws principles.

Informal resolution first. Before filing any claim, contact us at support@carlsbadfitness.com and give us 30 days to resolve it. Most issues can be handled this way.

Arbitration and class waiver. [COUNSEL TO ADVISE. If retained: binding individual arbitration under the rules of a named provider, seated in San Diego County, California, with a small-claims carve-out, an opt-out window of 30 days from account creation, and an express waiver of class and representative actions. Enforceability against California consumers has nuances and this is a business decision, not a default.]

Venue. If arbitration does not apply, you and we agree to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.

17. General

These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

Apple. These Terms are between you and us, not with Apple. Apple is not responsible for the Service or its content, has no obligation to provide support, and is a third-party beneficiary of these Terms with the right to enforce them against you.

18. Contact

EO VITA Inc 2868 Trails Lane, Carlsbad, CA 92008

support@carlsbadfitness.com