Terms of Service
The agreement between you and PropStar Fitness.
1. Who may use PropStar Fitness
You must be at least 18 years old and a resident of the United States to create an account. PropStar Fitness is void where prohibited or restricted by law, and we do not accept registrations from residents of states where we determine the service may not lawfully be offered. You may hold only one account.
2. What PropStar Fitness is
PropStar Fitness lets you enter fitness challenges against friends. Challenges are bona fide contests for the determination of skill, speed, strength, and endurance. Outcomes are determined solely by the participants' own verified physical performance, measured from activity data you authorise us to read from Apple Health. No element of chance determines any outcome. There is no random draw, no house, and no wagering on third-party events or on any professional athlete or team. Participants are actual contestants in the challenge, not spectators betting on one.
3. Stars
Stars are a virtual, in-app currency used to enter challenges. Stars have no cash value. Stars cannot be redeemed, withdrawn, transferred, sold, or exchanged for money, goods, or anything of value, and have no value outside PropStar Fitness. PropStar Fitness does not offer real-money gambling or any opportunity to win real money or real prizes.
You receive Stars on signup at no cost, and may claim a free periodic top-up. Stars may also be purchased through Apple's in-app purchase system. Purchasing Stars does not improve your chance of winning any challenge, which depends entirely on physical performance. Stars are licensed to you for use in the app, not sold, and we may modify or discontinue them.
Transferring Stars, selling or transferring your account, or attempting to exchange Stars for anything of value, is prohibited and may result in forfeiture and termination.
4. We take no share of any prize pool
PropStar Fitness does not take a commission, rake, or cut of any challenge. Every Star entered into a challenge is returned to participants when it settles. Our revenue does not depend on who wins or loses any challenge.
5. Entering challenges
Entering a challenge commits an entry of Stars, held until the challenge settles. Challenge outcomes and settlement are described in the Official Rules presented in the app, which form part of these Terms. Once a challenge is under way, entries cannot be withdrawn except as the rules provide.
6. Purchases and refunds
All purchases are processed by Apple. We never receive your payment details. Refunds are handled by Apple under its own policies at reportaproblem.apple.com; we cannot issue them directly. If Apple grants a refund, the corresponding Stars are removed from your balance. Except where required by law, purchases are otherwise final.
7. Health data
You authorise us to read aggregate activity data from Apple Health to score challenges. We never read routes or location, never write to Apple Health, and never use health data for advertising. See the Privacy Policy. You may revoke access at any time in iOS Settings; scoring stops at that point, which may affect challenges in progress.
8. Fair play
You agree not to falsify or manipulate activity data, use another person's device or account to record activity, operate more than one account, or interfere with the service. We run automated plausibility checks and may flag, hold, or reverse a settlement pending review. Violations may result in forfeited entries and account termination.
9. Your content
You are responsible for comments, names and other content you post. Do not post anything unlawful, harassing, or infringing. You grant us a limited licence to host and display your content for the purpose of operating the service.
10. Termination
You may stop using PropStar Fitness at any time and request account deletion. We may suspend or terminate accounts that violate these Terms. On termination, any remaining Stars are forfeited and are not refundable, consistent with their having no cash value.
11. Disclaimers
PropStar Fitness is provided "as is" without warranties of any kind, to the fullest extent permitted by law. We do not warrant that the service will be uninterrupted or error-free, or that activity measurements will be perfectly accurate — they depend on your device and Apple Health.
12. Limitation of liability
To the fullest extent permitted by law, PropStar Fitness will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or lost data. Our total liability for any claim relating to the service is limited to the greater of the amount you paid us in the twelve months before the claim, or US$100.
13. Dispute resolution — arbitration and class action waiver
Please read this section carefully. It affects your legal rights.
13.1 Informal resolution first
Before starting arbitration, email support@propstarfitness.com describing the dispute. We will try to resolve it informally within 60 days. Most problems are settled this way.
13.2 Agreement to arbitrate
If we cannot resolve a dispute informally, you and PropStar Fitness agree that any dispute arising out of or relating to these Terms or the service will be resolved by binding individual arbitration, rather than in court, except as stated in 13.5. The Federal Arbitration Act governs this section.
13.3 Jury trial waiver
YOU AND PROPSTAR FITNESS EACH WAIVE THE RIGHT TO A TRIAL BY JURY.
13.4 Class action waiver
YOU AND PROPSTAR FITNESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may award relief only in favour of the individual party seeking it.
13.5 Exceptions
Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property. Nothing here prevents you from reporting a concern to a government agency.
13.6 Your right to opt out
You may opt out of this arbitration agreement, including the class action waiver, within 30 days of first accepting these Terms. Email support@propstarfitness.com from your account address with the subject line "Arbitration Opt-Out" and include your name and account email. Opting out does not affect your account or your use of the service in any way, and we will not treat you differently for it.
14. Governing law
These Terms are governed by the laws of the United States and of the State of Colorado, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs section 13.
15. Changes
We may update these Terms. We will update the effective date above and, for material changes, notify you in the app or by email. Continuing to use the service after a change means you accept the updated Terms. Material changes to section 13 will give you a fresh 30-day opportunity to opt out.