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Terms of Service

Last Updated: December 3, 2025

1. Acceptance of Terms

By accessing or using the FUCKAVG mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

FUCKAVG is a mobile personal development application (available on iOS and Android) that allows users to:

• Track key performance indicators (KPIs) across various life spheres (Fitness, Career, Social, Finance, etc.)
• Set and monitor goals with target values and dates
• Participate in public leaderboards (optional)
• View analytics and progress charts
• Subscribe to premium plans for additional features

3. Eligibility

You must be at least 13 years old to use this App. By using the App, you represent and warrant that you meet this age requirement.

4. Account Registration

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach

5. Subscription and Payments

5.1 Subscription Plans

We offer three subscription tiers:

• Wannabes (Free): 1 sphere with limited features
• At Least You Pay ($10 CAD/month): Up to 3 spheres with unlimited KPIs, history, and advanced analytics
• Built Different ($15 CAD/month): Unlimited spheres with all features

Subscriptions automatically renew unless canceled. Features and limitations are subject to change with notice.

5.2 Billing

• Subscriptions are billed in advance on a monthly basis
• Prices are in Canadian Dollars (CAD) unless otherwise stated
• Payment is processed through Stripe, integrated within the app
• Payment methods supported: Credit/Debit cards, Google Pay, and Apple Pay
• You can manage and cancel subscriptions directly in the app's Profile section
• Stripe's terms and privacy policy apply to all payment processing

5.3 Refunds

All sales are final. Refunds may be considered on a case-by-case basis for technical issues or billing errors. Contact us at info@up-x.ca within 7 days of purchase to request a refund.

5.4 Price Changes

We reserve the right to modify subscription prices. You will be notified of price changes in advance, and changes will apply to subsequent billing cycles.

6. User Content and Conduct

6.1 Your Content

You retain ownership of data you input into the App (KPI values, goals, notes, etc.). By using the App, you grant us a license to use, store, and process your data to provide the services.

6.2 Public Data

If you enable the "public" setting on any of your spheres:

• Your username and KPI values for those spheres will be visible on public leaderboards
• Other users can see your rank and performance metrics
• You can disable this setting at any time to make your data private again

6.2a Team Sharing (Premium Feature)

If you use the Team Sharing feature (available on the Built Different plan):

• You can share specific spheres and KPIs with team members you invite
• Team members you invite will be able to view the shared data
• You control what data is shared and can revoke access at any time
• Team members must have FUCKAVG accounts to access shared data

6.3 Prohibited Conduct

You agree NOT to:

• Use the App for any illegal purpose
• Violate any applicable laws or regulations
• Harass, abuse, or harm other users
• Upload malicious code or attempt to hack the App
• Manipulate leaderboards or metrics through fraudulent means (fake data, multiple accounts, etc.)
• Impersonate others or create fake accounts
• Reverse engineer or attempt to extract source code
• Use automated systems or bots to access the App without permission

7. Intellectual Property

The App, including its design, features, code, and content, is owned by FUCKAVG and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our permission.

8. Privacy

Your use of the App is subject to our Privacy Policy, which is incorporated into these Terms by reference.

9. Disclaimers and Limitations of Liability

9.1 No Warranties

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUCKAVG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP.

9.3 Health Disclaimer

The App is not a substitute for professional medical, financial, or psychological advice. Consult qualified professionals for specific advice regarding your health and well-being.

10. Termination

10.1 By You

You may terminate your account at any time through the App settings or by contacting us.

10.2 By Us

We may suspend or terminate your account if you violate these Terms or engage in conduct that we deem harmful to the App or other users.

10.3 Effect of Termination

Upon termination, your right to use the App ceases immediately. We may delete your data in accordance with our Privacy Policy.

11. Changes to Terms

We may modify these Terms at any time. We will notify you of significant changes via email or app notification. Continued use of the App after changes constitutes acceptance of the new Terms.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of Canada and the province in which our company is registered.

12.2 Arbitration

Any disputes arising from these Terms or the App shall be resolved through binding arbitration, except where prohibited by law.

13. Miscellaneous

• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Entire Agreement: These Terms constitute the entire agreement between you and FUCKAVG
• No Waiver: Our failure to enforce any right does not constitute a waiver of that right

14. Contact Information

For questions about these Terms, contact us at:

Email: info@up-x.ca

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