Terms of Service
Company: [Legal entity name] ("FitStakes", "we", "us").
1. Agreement
By creating an account or using FitStakes (the "Service"), you agree to these Terms. If you don't agree, don't use the Service.
2. Eligibility
You must be 18 or older and able to form a binding contract. You are responsible for compliance with your local laws.
3. What FitStakes is (and isn't)
FitStakes is a fitness accountability platform based on commitment contracts. You pledge your own money toward your own goal. It is not gambling and not a wager: there is no prize pool, no wagering against other users, and no element of chance. The only outcome is that you keep your money (on success) or your pledge is donated to a charity you selected (on failure). We do not hold or pool user funds.
4. How a stake works
- Set-up: You connect a payment method and we create a payment-authorization mandate with our processor (Stripe). No charge is made at this time.
- Verification: Progress is determined only from device/sensor data you connect (Apple Health, Android Health Connect, or Strava). Manually entered activity does not count.
- Success: If you meet your goal, you are charged nothing and the obligation is released.
- Failure: If you do not meet your goal, you authorize us to charge your pledged amount off-session and route it as a donation to the charity you chose, through a third-party charitable-disbursement provider that acts as donor of record and issues any receipt.
5. Fees
The pledge amount you see is inclusive of fees. On a forfeit, a platform fee (currently 3.5%–5%) plus payment-processing fees are deducted from the pledged amount, and the charity receives the remainder. The exact fee is disclosed to you before you commit. Corporate matching donations are disbursed in full with no platform fee. See the Fee Disclosure.
6. Nature of a forfeit; no refunds
A forfeited pledge is a contractual consequence of not meeting your goal, not a purchase of goods or services and not a voluntary charitable gift by you. Forfeits are non-refundable and, for individuals, are not a personal tax-deductible donation.
7. Payment authorization
You authorize us and our processor to charge your saved payment method the pledged amount if you fail your goal, without further action by you (an "off-session" charge). If a charge is declined or requires authentication, we may retry, update card details via the card networks, and contact you to complete payment. Unpaid forfeits may be treated as amounts owed.
8. Charities
Charities are drawn from verified U.S. tax-exempt organizations, checked for exempt, deductible, and not-revoked status before selection. The disbursement provider is the legal donor of record for routed forfeits.
9. Injury — "Medical Freeze"
If you are injured, you may request a Medical Freeze (validated pause) or a transition to a lower-impact goal, subject to verification and anti-abuse limits. A freeze is not an automatic refund and does not itself pay out.
10. Integrity and prohibited manipulation
Because real money and charitable funds are involved, activity data must be genuine. Spoofing, falsifying, or manipulating device data, or using the Service to misroute funds, is prohibited and may result in disqualification, forfeiture, suspension, or termination.
11. Corporate programs
Where an employer sponsors matching, additional terms apply: matches draw from the employer's pre-funded budget; once a stake is locked, its charity and matching rules are frozen; and employer-context data may be visible to the employer per its policy.
12. Accounts, suspension, termination
You are responsible for your account. We may suspend or terminate accounts for violations, risk, or legal reasons. You may close your account subject to settlement of any open obligations.
13. Disclaimers
The Service is not medical, health, or financial advice. Consult a professional before starting any exercise program. The Service is provided "as is" without warranties to the fullest extent permitted by law.
14. Limitation of liability
To the maximum extent permitted by law, our aggregate liability is limited to [amount / fees paid], and we are not liable for indirect or consequential damages. [Counsel to finalize.]
15. Disputes; governing law
[Arbitration / class-action-waiver clause — counsel to draft.] These Terms are governed by the laws of [State], without regard to conflict-of-laws rules.
16. Changes and contact
We may update these Terms; material changes will be notified. Questions: fitstakes@srkapp.app.