Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and LoseStreak ("we," "our," "us," or the "Company") governing your use of the LoseStreak mobile application ("App") and related services. By creating an account, downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Eligibility

You must be at least 18 years old to use LoseStreak. By creating an account, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding contract
• You are not prohibited from using the App under any applicable law
• Your use of the App will not violate any law or regulation applicable to you
• All registration information you submit is truthful and accurate

If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Account Registration

To use the App, you must create an account with a valid email address, password, and unique username. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure, confidential, and not shared with anyone
• Accept responsibility for all activity that occurs under your account
• Notify us immediately of any unauthorized access to your account
• Not create multiple accounts for the purpose of abuse or circumventing restrictions
• Not create accounts on behalf of others without their permission
• Not purchase, sell, or transfer accounts

We reserve the right to reclaim usernames that are inactive, infringing, misleading, or violate these Terms.

3. Description of the App

LoseStreak is a competitive fitness application that enables users to:

• Challenge friends to 1v1, free-for-all, or team competitions across 23 challenge types (weight loss, running, cycling, steps, strength, HIIT, yoga, push-ups, squats, and more)
• Log daily weight, meals (via AI food scanning), and view auto-synced workouts from Apple HealthKit
• Set optional bets on competitions (honor system)
• Receive AI-generated verdicts at competition end
• Participate in a Live Battle Feed with spectating, voting, and comments
• Earn badges, XP, and climb leaderboards

Features may change, be modified, or discontinued at any time. See Section 20 for details.

4. Not a Health or Medical App

You expressly acknowledge and agree that:

• The App does not provide medical advice, diagnoses, or treatment recommendations
• The App does not provide dietary counseling, nutritional advice, or meal planning
• AI-generated calorie estimates are approximations only and should not be relied upon for medical, dietary, or therapeutic purposes
• The App is for entertainment and competition purposes only
• You should consult a qualified healthcare professional before starting any fitness, weight loss, or dietary program
• You should consult a physician if you have any health conditions that may be affected by exercise, diet, or weight changes
• The App does not consider your individual health conditions, medications, allergies, or medical history

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING TREATMENT BASED ON ANYTHING IN THIS APP.

5. AI-Generated Content

The App uses artificial intelligence (Claude by Anthropic) to generate content including:

• Meal calorie/macro estimates: Approximations based on food photo analysis
• Competition verdicts: Algorithmic analysis of competition data, presented in a humorous, competitive tone
• Progress photo comparisons: Visual commentary on Day 1 vs final day photos

You acknowledge and agree that:

• AI-generated content may be inaccurate, incomplete, or erroneous
• Calorie estimates can vary significantly from actual nutritional content
• AI verdicts are for entertainment — they do not constitute professional fitness, health, or dietary advice
• The competitive/sarcastic tone of verdicts is intentional and not meant to cause harm
• AI does not have medical training and cannot assess your health status
• You should not rely solely on AI-generated content for any important decisions

6. Apple HealthKit Integration

With your explicit permission, the App reads workout and activity data from Apple HealthKit. You acknowledge that:

• We access HealthKit in read-only mode — we never write data to your health store
• HealthKit data is used solely to support competition features within the App
• HealthKit data may be shared with your competition opponents as part of App functionality
• You can revoke HealthKit access at any time through your device's Settings > Privacy & Security > Health
• HealthKit data usage is governed by our Privacy Policy and Apple's HealthKit guidelines

We do not guarantee that HealthKit sync will be complete, accurate, or real-time. Third-party app integrations (Strava, Peloton, etc.) are subject to those apps' data practices.

7. Subscriptions & Payment

7.1 Subscription Terms

LoseStreak offers a free trial period followed by a paid monthly subscription. Subscriptions are processed entirely through Apple's App Store and are subject to Apple's terms and conditions.

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period
• Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage or cancel your subscription in your Apple ID account settings (Settings > Apple ID > Subscriptions)
• No refunds are provided for partial subscription periods
• Refund requests are handled by Apple in accordance with their refund policy

7.2 Free Trials

• Free trials provide full access to the App for a limited period
• If you do not cancel before the trial ends, you will be automatically charged
• Free trials are limited to one per Apple ID / device
• We reserve the right to modify or discontinue free trials at any time

7.3 Promotional Codes

• Promotional codes (e.g., "FRIENDS") grant temporary free access
• Codes are subject to availability, expiration, and usage limits
• Codes may not be combined, transferred, or sold
• We reserve the right to revoke codes that are abused or obtained fraudulently

7.4 Price Changes

We may change subscription prices at any time. Price changes will not affect your current billing period. You will be notified of price changes before your next renewal.

8. Betting & Wagers

LoseStreak allows users to set optional bets on competitions. These bets operate entirely on the honor system between friends. You acknowledge and agree that:

• LoseStreak does not process, hold, escrow, transfer, or facilitate any money, cryptocurrency, or financial instruments for bets
• LoseStreak does not act as a gambling platform, sports book, escrow service, or payment processor for wagers
• Bets are informal, private agreements between you and your friend — we only track the description of what was agreed upon (text you enter)
• We are not a party to any bet and have no obligation to enforce, arbitrate, or settle any wager
• We are not responsible for the settlement, enforcement, collection, or outcome of any bet
• You are solely responsible for ensuring your betting activity complies with all applicable local, state, national, and international laws and regulations
• Gambling may be illegal in your jurisdiction — you assume all legal risk
• We may delete bet descriptions that violate our Terms or applicable law

IF GAMBLING IS ILLEGAL IN YOUR JURISDICTION, DO NOT USE THE BETTING FEATURE.

9. User Content

9.1 Your Content

"User Content" includes all content you submit through the App, including meal photos, progress photos, profile photos, comments, bet descriptions, and any other material.

9.2 License to LoseStreak

By uploading User Content, you grant LoseStreak a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in connection with operating and providing the App and its features, including:

• Displaying your content to competition opponents and spectators
• Processing your content through AI for calorie estimation and verdicts
• Displaying your content in the Live Battle Feed
• Creating shareable verdict cards that may include your data
• Using anonymized, aggregated data for service improvement

This license survives termination of your account only for content that has been shared with other users (e.g., verdict cards, comments) or anonymized/aggregated.

9.3 Your Representations

You represent and warrant that:

• You own or have the necessary rights to all User Content you submit
• Your User Content does not infringe any third-party intellectual property rights
• Your User Content does not violate any applicable law
• Your User Content does not contain any viruses, malware, or harmful code
• If your User Content depicts other individuals, you have their consent

9.4 Content Monitoring

We do not actively monitor all User Content but reserve the right to review, screen, edit, or remove any User Content at our sole discretion, without prior notice, for any reason including violation of these Terms. We are not responsible for User Content submitted by other users.

10. Prohibited Conduct

You agree not to:

10.1 Content Violations

• Upload content that is illegal, abusive, harassing, threatening, defamatory, or promotes violence, discrimination, or hatred
• Upload sexually explicit, obscene, or pornographic content
• Upload content depicting minors
• Upload content that infringes intellectual property rights
• Impersonate another person or misrepresent your identity or affiliation
• Upload content containing personal information of others without consent

10.2 Platform Abuse

• Manipulate competition data, fabricate logs, or cheat in any way
• Use fake photos, stock images, or AI-generated images as meal/progress photos
• Create fake workouts or manipulate HealthKit data
• Collude with opponents to manipulate competition outcomes
• Use the App for any illegal purpose
• Use the App to spam, phish, or distribute malware
• Harass, stalk, or threaten other users

10.3 Technical Violations

• Use automated tools, bots, scrapers, or crawlers to access the App
• Attempt to circumvent security measures, subscription enforcement, or access controls
• Reverse engineer, decompile, or disassemble the App
• Interfere with or disrupt the App's infrastructure
• Attempt to gain unauthorized access to other users' accounts
• Exceed reasonable rate limits or overload our systems
• Use the App in any manner that could disable, overburden, or impair the App

10.4 Commercial Violations

• Use the App for commercial purposes without our written consent
• Resell, sublicense, or redistribute access to the App
• Use the App to advertise, promote, or market products or services
• Collect user data for marketing or commercial purposes

We reserve the right to suspend or terminate accounts and take legal action for violations of these prohibitions.

11. Social Features & Privacy

LoseStreak includes social features such as friend connections, competition spectating, voting, and the Live Battle Feed. By using these features, you acknowledge that:

• Your competition data (meals, weight, workouts, progress photos) is visible to your opponent during active competitions
• Your profile, stats, and leaderboard rank are visible to friends (subject to your privacy settings)
• Active battles may be visible to spectators when spectating is enabled
• Comments you post in the Live Battle Feed are visible to other users
• You can block or remove friends and disable spectating on individual competitions
• We are not responsible for how other users use information you share

For full details on data visibility and privacy controls, see our Privacy Policy.

12. Intellectual Property

12.1 Our Intellectual Property

The App, including its design, features, code, AI models, verdict formats, badge system, scoring algorithms, user interface, graphics, and all associated branding (collectively, "LoseStreak IP"), is owned by LoseStreak and protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, license, or create derivative works based on the LoseStreak IP without our express written permission.

12.2 Limited License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use. This license does not include any right to:

• Modify or make derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Rent, lease, loan, sell, or sublicense the App
• Use any data mining, robots, or similar data gathering methods

12.3 Feedback

If you provide feedback, suggestions, or ideas about the App ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback into the App without compensation or attribution to you.

13. DMCA & Copyright Infringement

We respect intellectual property rights and expect users to do the same. If you believe your copyrighted work has been copied in a way that constitutes infringement, please provide our designated agent with the following information:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to be infringed
• Identification of the material claimed to be infringing, with sufficient information to locate it
• Your contact information (address, phone number, email)
• A statement that you have a good-faith belief that use of the material is not authorized
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner

Send DMCA notices to: [email protected] with "DMCA Notice" in the subject line.

We will terminate the accounts of repeat infringers in appropriate circumstances.

14. Third-Party Services

The App integrates with or contains links to third-party services, including:

• Apple HealthKit — for workout data sync
• Anthropic (Claude API) — for AI processing
• Apple App Store — for subscription payments
• Third-party fitness apps — that write to HealthKit (Strava, Peloton, Nike Run Club, Garmin, etc.)

Your use of third-party services is governed by their respective terms and privacy policies. We are not responsible for third-party services, their content, their data practices, or any harm arising from your use of them.

15. Disclaimers

We do not warrant that:

• The App will be uninterrupted, timely, secure, or error-free
• The results obtained from using the App will be accurate, reliable, or complete
• AI-generated calorie estimates, verdicts, or scoring will be accurate
• HealthKit data syncing will be complete, accurate, or real-time
• The App will meet your specific fitness, health, or weight loss goals
• Any errors in the App will be corrected
• The App is free of viruses or other harmful components

You use the App at your own risk. Some jurisdictions do not allow exclusion of implied warranties, so some of the above may not apply to you.

16. Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• Physical exercise and dietary changes carry inherent risks, including risk of injury, illness, or death
• Weight loss and fitness activities may not be appropriate for everyone and may pose health risks for some individuals
• You have voluntarily chosen to participate in competitive fitness activities through the App
• You assume all risks associated with any exercise, diet, or fitness activities you undertake in connection with App competitions
• You are solely responsible for assessing whether any fitness activity is appropriate for you given your current health status
• You should consult a physician before beginning any exercise or weight loss program

YOU VOLUNTARILY ASSUME ALL RISKS OF PHYSICAL INJURY, ILLNESS, OR DEATH THAT MAY RESULT FROM EXERCISE OR DIETARY CHANGES UNDERTAKEN IN CONNECTION WITH YOUR USE OF THE APP.

17. Limitation of Liability

This includes, without limitation, damages for:

• Physical injury, illness, or death resulting from exercise or dietary changes
• Financial losses arising from bets or wagers made with other users
• Reliance on AI-generated calorie estimates, verdicts, or other App-generated information
• Emotional distress from AI verdicts, user comments, or competition outcomes
• Loss of data, profits, goodwill, or other intangible losses
• Unauthorized access to or alteration of your data
• Conduct of any third party on the App
• Any other matter relating to the App

OUR TOTAL AGGREGATE LIABILITY for any claim arising from these Terms or your use of the App shall not exceed the greater of (a) the amount you paid us in subscription fees during the 12 months preceding the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

18. Indemnification

You agree to indemnify, defend, and hold harmless LoseStreak and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the App
• Your User Content
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Your betting or wagering activities with other users
• Any physical injury, illness, or health issue arising from exercise or dietary changes you undertake
• Any dispute between you and another user

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us.

19. Termination

19.1 Termination by You

You may delete your account at any time through the App's Settings or by contacting us. Deleting your account terminates your right to use the App.

19.2 Termination by Us

We may suspend or terminate your account at any time, with or without cause, with or without notice, including if we reasonably believe:

• You have violated these Terms
• Your conduct may harm us, other users, or third parties
• Your conduct may expose us to legal liability
• You are using the App for illegal purposes
• We are required to do so by law

19.3 Effect of Termination

Upon termination:

• Your right to access and use the App ceases immediately
• We may delete your account and data in accordance with our Privacy Policy
• Active competitions involving your account may be ended or forfeited
• You remain liable for any obligations incurred prior to termination
• Sections that by their nature should survive termination shall survive (including indemnification, limitation of liability, arbitration, and intellectual property provisions)

20. Modifications to Service & Terms

20.1 Modifications to the App

We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

20.2 Modifications to Terms

We may revise these Terms at any time. When we make material changes:

• We will update the "Last updated" date
• We will notify you via email and/or prominent notice in the App
• For significant changes affecting your rights (e.g., arbitration), we may require your affirmative consent

Your continued use of the App after changes constitutes acceptance of the revised Terms. If you do not agree, you must stop using the App and delete your account.

21. Governing Law

These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

To the extent that any lawsuit or court proceeding is permitted under these Terms (e.g., for injunctive relief), you and LoseStreak agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Wilmington, Delaware.

22. Binding Arbitration & Class Action Waiver

22.1 Agreement to Arbitrate

You and LoseStreak agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App ("Disputes") will be resolved by binding individual arbitration, rather than in court, except that:

• Either party may bring an individual action in small claims court if the claim qualifies
• Either party may seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights

22.2 Waiver of Jury Trial

YOU AND LOSESTREAK WAIVE THE RIGHT TO A TRIAL BY JURY.

22.3 Class Action Waiver

YOU AND LOSESTREAK AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

If a court or arbitrator determines that this class action waiver is unenforceable, the entire arbitration agreement shall be void and the dispute shall proceed in court.

22.4 Arbitration Rules

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this section. The AAA Rules are available at www.adr.org.

• The arbitrator shall have exclusive authority to resolve all Disputes, including arbitrability
• The arbitration shall be conducted in English
• The arbitration may be conducted by telephone, online, or based on written submissions, as selected by the party initiating the arbitration
• The arbitrator's decision shall be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

22.5 Arbitration Costs

Payment of arbitration fees will be governed by the AAA's Consumer Arbitration Rules. If your claim is for $10,000 or less, we will pay all arbitration fees. If your claim is for more than $10,000, filing fees and arbitrator fees will be split per AAA Rules.

22.6 Informal Resolution First

Before initiating arbitration, you must first contact us at [email protected] and attempt to resolve the dispute informally for at least 60 days.

22.7 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. The notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and LoseStreak will resolve disputes in court as set forth in Section 21.

22.8 Future Changes to Arbitration

If we make changes to this arbitration section (other than changes to our contact information), you may reject the changes by sending written notice within 30 days of the change. If you reject changes, the most recent version of the arbitration agreement you accepted will apply.

23. General Provisions

23.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and LoseStreak regarding the App, superseding any prior agreements.

23.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

23.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing and signed by us.

23.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. These Terms bind and inure to the benefit of each party's successors and permitted assigns.

23.5 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms with respect to Apple's App Store requirements. Apple has the right to enforce these Terms against you.

23.6 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, or failures of third-party services.

23.7 Export Compliance

You agree to comply with all applicable export laws and regulations. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.

23.8 U.S. Government Users

The App is a "commercial item" as defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation." If acquired by a U.S. government agency, the government's rights are limited to those set forth in these Terms, per 48 C.F.R. 12.212 and 48 C.F.R. 227.7202.

23.9 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

23.10 Language

These Terms are written in English. Any translated version is provided for convenience only. In case of conflict, the English version prevails.

24. Contact Us

If you have questions about these Terms, contact us at: