TERMS & CONDITIONS

1. Acceptance of Terms

These Terms of Use (or "Terms") constitute a legally binding agreement between you and A Plus Fitness LLC ("Tribe," "we," "us," or "our"). By creating a Tribe account or using the Tribe Application (the "Service"), you agree to comply with these Terms.

2. The Tribe Service

2.1 Description of Service: Tribe agrees to provide you with the Tribe Service. This includes all Tribe products, features, applications, services, technologies, and software aimed at advancing Tribe's mission: To bring you closer to the people and things you love.

2.2 Personalized Opportunities: Tribe offers personalized opportunities to create, connect, communicate, discover, and share. We aim to foster a positive, inclusive, and safe environment.

2.3 Technological Development: Tribe is committed to developing and using cutting-edge technologies that help personalize, protect, and improve the Service on a large scale for a global community.

2.4 Consistent Experiences: Tribe strives to provide consistent and seamless experiences across A Plus Fitness LLC products.

2.5 Access to Service: To operate our global Service, data may be stored and transferred across our systems worldwide. This global infrastructure is essential for providing the Service.

2.6 Connecting with Brands: Tribe uses data to connect you with brands, products, and services in ways you care about.

2.7 Research and Innovation: Information collected is used for studying the Service, collaborating on research, and contributing to the well-being of our community.

3. How Our Service is Funded

Instead of paying to use Tribe, you acknowledge that we may show you ads that businesses pay us to promote on and off A Plus Fitness LLC products. Personal data is used to show you relevant ads without revealing your identity. Advertisers provide information about their goals, and we use this information to display ads to relevant users.

4. Privacy Policy

Using our Service requires the collection and use of your information. The Privacy Policy explains how we collect, use, and share information across A Plus Fitness LLC products. You must agree to the Privacy Policy to use Tribe.

5. Your Commitments

5.1 Who Can Use Tribe:

You must be at least 17 years old.
You must not be prohibited from receiving any aspect of our Service under applicable laws.
Your account must not have been previously disabled for violations.
You must not be a convicted sex offender.

5.2 How You Can't Use Tribe:

You can't impersonate others or provide inaccurate information.
You can't engage in unlawful, misleading, or fraudulent activities.
You can't violate these Terms or our policies, including Community Guidelines and Developer Policies.
You can't interfere with the intended operation of the Service.

5.3 Permissions You Give to Us:

You grant us a license to use the content you post on the Service.
You give us permission to use your username, profile picture, and information about your relationships and actions.

6. Additional Rights We Retain

6.1 Username Changes: We may change your username if deemed appropriate or necessary.

6.2 Content Removal and Account Termination: We can remove content or disable/terminate your account if we believe it violates these Terms or policies. We can also terminate or change the Service for various reasons.

7. Disputes and Arbitration

Disputes between you and Tribe will be resolved by binding, individual arbitration. You waive the right to participate in a class action lawsuit. Certain claims related to intellectual property or violations of policies may be brought in court. The arbitration provision is governed by the Federal Arbitration Act.

8. Updating these Terms

We may change the Service and policies. We will notify you before changes to these Terms take effect. If you continue to use the Service after changes, you are bound by the updated Terms.

9. Content Removal and Disabling or Terminating Your Account

9.1 Content Removal: Tribe reserves the right to remove any content or information shared on the Service if it violates these Terms, our policies, or is required by law. We may also refuse or stop providing all or part of the Service immediately if we believe it is necessary to protect our community, services, or if you create risk or legal exposure for us.

9.2 Account Termination: Tribe may terminate or disable your account for various reasons, including violations of these Terms, our policies (including our Community Guidelines), repeated infringement of intellectual property rights, or to mitigate adverse legal or regulatory impacts. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, you can refer to our Help Center.

9.3 Deletion Process: When you request to delete content or your account, the deletion process will automatically begin within 30 days of your request. It may take up to 90 days to delete content after the process begins. Content will not be deleted within 90 days of the account deletion or content deletion process if certain conditions apply, such as the content being used by others under the license granted or due to technical limitations.

10. Our Agreement and What Happens if We Disagree

10.1 Additional Terms: Your use of music on the Service is also subject to our Music Guidelines, and use of our API is subject to our A Plus Fitness LLC Terms, Conditions, and Developer Policies. If you use certain features or related services, additional terms may apply.

10.2 Enforceability: If any aspect of this agreement is unenforceable, the rest will remain in effect. Any amendment or waiver must be in writing and signed by us.

10.3 Reserved Rights: We reserve all rights not expressly granted to you. Our past, present, and future affiliates and agents can invoke our rights under this agreement if they become involved in a dispute.

10.4 Liability Limitations: Our Service is provided "as is," and we disclaim all warranties. We aren't responsible for actions, conduct, or content of users or third parties. Our liability for anything related to these Terms is limited, and you agree to defend, indemnify, and hold us harmless from claims.

10.5 Dispute Resolution: Disputes must be resolved through individual arbitration, and class actions are not permitted. Certain claims may be brought in court, such as disputes related to intellectual property or violations of policies.

10.6 Opt-Out: You can opt out of the arbitration provision within 30 days of agreeing to these Terms. To opt out, you must send a clear statement with your name, residence address, username, email address or phone number used for your Tribe account to A Plus Fitness, LLC at the provided address.

10.7 Dispute Notice: Before commencing arbitration, you must provide a written Notice of Dispute. If the dispute is not resolved within thirty (30) days, arbitration may commence.

10.8 Costs and Fees: We will pay certain arbitration fees, and for other claims, costs will be allocated according to the arbitration provider's rules.

10.9 Governing Law: The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim.

11. Unsolicited Material

We appreciate feedback or suggestions but may use them without any restrictions or obligation to compensate you. We are under no obligation to keep them confidential.

12. Updating These Terms

We may change our Service and policies. We will notify you before changes to these Terms take effect. If you continue to use the Service after changes, you are bound by the updated Terms.

13. User Conduct and Responsibilities

13.1 User Conduct: As a user of the Tribe Application, you are expected to conduct yourself responsibly, respectfully, and in compliance with applicable laws and regulations. You agree not to engage in any activities that may harm the Tribe community, its members, or the overall integrity of the Service.

13.2 Lawful Use: You must use the Tribe Application for lawful purposes only. You are responsible for ensuring that your use of the Service complies with all local, state, and federal laws.

13.3 Compliance with Policies: You agree to comply with all policies and guidelines provided by Tribe, including but not limited to Community Guidelines, Branded Content Policies, and any other policies that may be introduced from time to time.

13.4 Reporting Violations: If you come across any content or user activity that violates these Terms or community guidelines, you agree to report it promptly to Tribe through the designated channels.

14. User Generated Content

14.1 Ownership of Content: You retain ownership of the content you create, share, or upload on the Tribe Application. However, by using the Service, you grant Tribe a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.

14.2 Content Deletion: The license granted to Tribe for your content will end when you delete the content from the Service. However, please note that it may take up to 90 days to remove the content from backups and disaster recovery systems.

14.3 Permissions: By using the Tribe Application, you grant Tribe permission to use your username, profile picture, and information about your interactions with accounts, ads, and sponsored content for display on the Service.

15. Intellectual Property Rights

15.1 Tribe's Rights: Tribe retains all rights to its intellectual property, including but not limited to trademarks, logos, and copyrighted materials. You may use Tribe's intellectual property only as expressly permitted by Tribe or with prior written permission.

15.2 User Content and Third-Party Rights: You must ensure that any content you post on the Tribe Application does not infringe upon the intellectual property rights of others. You represent that you own or have obtained all necessary rights to the content you post.

16. Miscellaneous Provisions

16.1 Force Majeure: Tribe shall not be liable for any failure or delay in performance due to acts beyond its control, including but not limited to acts of God, terrorism, war, pandemics, government actions, or other force majeure events.

16.2 Entire Agreement: These Terms, along with any additional terms or policies referenced herein, constitute the entire agreement between you and Tribe concerning the Tribe Application.

16.3 Waiver: The failure of Tribe to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

16.5 Contact Information: For any questions, concerns, or communications regarding these Terms, please contact Tribe at the provided contact information.

17. Disclaimers

17.1 No Warranty: The Tribe Application is provided "as is" and "as available," without any warranties of any kind, either express or implied. Tribe makes no representations or warranties regarding the accuracy, completeness, reliability, or availability of the Service.

17.2 Use at Your Own Risk: Your use of the Tribe Application is at your sole risk. Tribe does not warrant that the Service will be uninterrupted, secure, or error-free. You acknowledge that information or content downloaded or obtained through the use of the Service is done at your own discretion and risk.

17.3 No Endorsement: Tribe does not endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any content posted by users on the Tribe Application. Any reliance on such content is at your own risk.

18. Limitation of Liability

18.1 Limitation of Liability: To the maximum extent permitted by applicable law, Tribe, its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

Your use or inability to use the Tribe Application.
Any unauthorized access to or use of our servers and/or any personal information stored therein.
Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Tribe Application, whether based on warranty, contract, tort, or any other legal theory.

19. Indemnity

19.1 User Indemnification: You agree to indemnify and hold Tribe, its affiliates, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Tribe Application, your violation of these Terms, or your violation of any rights of another.

20. User Responsibilities

20.1 Individual Responsibility: Users of the Tribe Application are solely responsible for their actions and interactions with others. Tribe does not assume responsibility for the conduct of any user.

20.2 Assumption of Risk: You acknowledge and agree that your interactions with others through the Tribe Application are at your own risk. Tribe disclaims any liability arising from your interactions with other users, whether online or offline.

21. Governing Law and Dispute Resolution

21.1 Governing Law: These Terms and your use of the Tribe Application shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

21.2 Dispute Resolution: Any dispute arising out of or in connection with these Terms or your use of the Tribe Application shall be resolved through binding arbitration in accordance with the rules of the [Arbitration Association]. You and Tribe agree to waive the right to a trial by jury.

22. Amendments to Terms

22.1 Amendments: Tribe reserves the right to amend or modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Tribe Application after the posting of revised Terms constitutes your acceptance of such changes.

By continuing to use the Tribe Application, you acknowledge that you have read, understood, and agree to be bound by these expanded Terms and Conditions, including the disclaimers of warranties and limitations of liability. If you do not agree, please discontinue the use of the Tribe Application. Tribe reserves the right to update or modify these Terms as necessary. It is your responsibility to review the Terms periodically for any changes.