# TERMS OF SERVICE

**Last Updated: November 19, 2025**

**Effective Date: November 19, 2025**

## 1. ACCEPTANCE OF TERMS

Welcome to Delti ("we," "us," "our," or "Company"). By accessing or using the Delti mobile application and related services (collectively, the "Service"), you ("you" or "User") agree to be bound by these Terms of Service ("Terms"). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

These Terms constitute a legally binding agreement between you and Delti LLC ("Delti"), a California limited liability company located in Los Angeles, California.

## 2. ELIGIBILITY

### 2.1 Age Requirement

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old.

### 2.2 Account Registration

To access certain features, you must register for an account using Google Sign-In or Apple Sign-In. You agree to:

- Provide accurate, current, and complete information

- Maintain and promptly update your account information

- Maintain the security of your account credentials

- Accept responsibility for all activities that occur under your account

- Notify us immediately of any unauthorized access or security breach

## 3. MEDICAL DISCLAIMER AND ASSUMPTION OF RISK

### 3.1 Not Medical Advice

THE SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. The Service provides workout tracking tools and information for general fitness purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.

### 3.2 Consult Healthcare Provider

BEFORE BEGINNING ANY EXERCISE PROGRAM, YOU SHOULD CONSULT WITH A QUALIFIED HEALTHCARE PROVIDER. This is especially important if you:

- Have any pre-existing medical conditions

- Are taking any medications

- Are pregnant or nursing

- Experience pain, dizziness, or discomfort during exercise

### 3.3 Assumption of Risk

YOU ACKNOWLEDGE AND AGREE THAT:

- Physical exercise involves inherent risks of injury, disability, or death

- You voluntarily assume all risks associated with using the Service and engaging in physical exercise

- You are solely responsible for your safety and wellbeing while using the Service

- We are not responsible for any injuries, damages, or losses resulting from your use of the Service

### 3.4 Emergency Situations

IF YOU EXPERIENCE CHEST PAIN, DIFFICULTY BREATHING, SEVERE PAIN, OR ANY MEDICAL EMERGENCY, STOP EXERCISING IMMEDIATELY AND SEEK EMERGENCY MEDICAL ATTENTION. DO NOT RELY ON THE SERVICE FOR EMERGENCY MEDICAL ASSISTANCE.

## 4. LICENSE AND RESTRICTIONS

### 4.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

### 4.2 Prohibited Uses

You agree NOT to:

- Use the Service for any illegal purpose or in violation of any laws

- Impersonate any person or entity or falsely represent your affiliation

- Submit false, fraudulent, or misleading workout data

- Manipulate data to artificially inflate leaderboard rankings or achievements

- Harass, abuse, threaten, or intimidate other users

- Post or transmit inappropriate, offensive, defamatory, or obscene content

- Use profanity or inappropriate language in usernames, crew names, or league names

- Attempt to gain unauthorized access to the Service or other users' accounts

- Reverse engineer, decompile, or disassemble any part of the Service

- Use automated systems (bots, scrapers) to access the Service

- Use the Service for commercial purposes without our written consent

- Interfere with or disrupt the Service or servers/networks connected to the Service

- Violate any applicable laws or regulations

### 4.3 Commercial Use Prohibition

Gyms, fitness centers, personal trainers, and other commercial entities may not use the Service without entering into a separate commercial agreement with us.

## 5. USER CONTENT AND DATA

### 5.1 Your Workout Data

You retain ownership of your personal workout data (sets, reps, weight, timestamps). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your workout data to provide and improve the Service.

### 5.2 User-Generated Content

For content you create or share through the Service (crew names, usernames, league names, shared workout posts), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such content in connection with the Service.

### 5.3 Ownership Transfer

YOU ACKNOWLEDGE AND AGREE THAT ALL USER WORKOUT DATA AND USER-GENERATED CONTENT BECOMES THE PROPERTY OF DELTI. While you may access and use your data through the Service, Delti retains all rights, title, and interest in such data.

### 5.4 Content Moderation

We reserve the right, but have no obligation, to:

- Monitor user-generated content for violations of these Terms

- Remove or modify any content that violates these Terms or applicable laws

- Suspend or terminate accounts that violate these Terms

- Cooperate with law enforcement in investigations

### 5.5 No Data Export

The Service does not currently provide functionality to export your workout data. You are responsible for maintaining your own records if needed.

## 6. ACCOUNT TERMINATION AND DATA DELETION

### 6.1 Your Right to Delete

You may request deletion of your account and all associated data by emailing admin@delti.pro with your account information. We will process deletion requests within 30 days.

### 6.2 No Data Retention

Upon account deletion, we will permanently delete your workout data, account information, and user-generated content. We do not retain deleted data except as required by law or for legitimate business purposes (e.g., preventing fraud, resolving disputes).

### 6.3 Our Right to Terminate

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

- Violation of these Terms

- Fraudulent, abusive, or illegal activity

- Extended periods of inactivity

- Any reason at our sole discretion

### 6.4 Effect of Termination

Upon termination:

- Your license to use the Service immediately terminates

- You must cease all use of the Service

- We may delete your account and data

- Sections of these Terms that by their nature should survive termination will survive

## 7. SUBSCRIPTION AND PAYMENTS

### 7.1 Subscription Service

Delti is a subscription-based service. Pricing and payment terms will be displayed in the application before you subscribe.

### 7.2 Free Trial Period

We may offer a free trial period. If you do not cancel before the trial ends, you will be automatically charged for a subscription.

### 7.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for the renewal fee.

### 7.4 Payment Processing

Payments are processed through Apple App Store or Google Play Store. All payment terms are subject to their respective terms and policies.

### 7.5 Price Changes

We reserve the right to change subscription prices at any time. Price changes will not affect your current billing period but will apply to subsequent renewals. We will provide notice of price changes through the Service.

### 7.6 Refund Policy

**ALL SALES ARE FINAL.** We do not offer refunds for any subscription fees, except:

- If required by applicable law (e.g., EU consumer protection laws)

- In cases of technical issues preventing access to the Service

- At our sole discretion on a case-by-case basis

To request a refund, contact Apple App Store or Google Play Store support directly, as payments are processed through their platforms.

### 7.7 Cancellation

You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings. Cancellation will take effect at the end of your current billing period. You will retain access to the Service until the end of the paid period.

## 8. INTELLECTUAL PROPERTY

### 8.1 Our Property

The Service, including all software, algorithms, designs, trademarks, logos, and content (excluding user-generated content), is owned by Delti and protected by copyright, trademark, and other intellectual property laws.

### 8.2 Trademarks

"Delti" and all related logos are trademarks of Delti LLC. You may not use our trademarks without our prior written consent.

### 8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without compensation or obligation to you.

## 9. THIRD-PARTY SERVICES

### 9.1 Authentication Services

The Service uses Google Sign-In and Apple Sign-In for authentication. Your use of these services is subject to Google's and Apple's respective terms of service and privacy policies.

### 9.2 Hosting and Infrastructure

The Service is hosted on Google Cloud Platform and Google Cloud Run. We rely on these services for data storage and processing.

### 9.3 Music Integration

The Service may integrate with Spotify and Apple Music for the "Victory Music" feature. This feature allows you to play music from these services through deep links. We do not store or control music content. Your use of Spotify and Apple Music is subject to their respective terms of service.

### 9.4 No Endorsement

We do not endorse, warrant, or guarantee any third-party services. Your interactions with third-party services are solely between you and the third party.

## 10. PRIVACY

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you consent to our Privacy Policy.

## 11. DISCLAIMERS

### 11.1 "AS IS" BASIS

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

- Warranties of merchantability, fitness for a particular purpose, or non-infringement

- Warranties that the Service will be uninterrupted, error-free, or secure

- Warranties regarding the accuracy, reliability, or completeness of data

### 11.2 No Guarantee of Results

WE DO NOT GUARANTEE THAT USE OF THE SERVICE WILL RESULT IN ANY FITNESS IMPROVEMENTS, WEIGHT LOSS, MUSCLE GAIN, OR OTHER HEALTH BENEFITS.

### 11.3 Data Accuracy

We do not guarantee the accuracy of workout data, leaderboards, or statistics. You are responsible for verifying your own data.

### 11.4 Availability

We do not guarantee that the Service will always be available or accessible. The Service may be unavailable due to maintenance, technical issues, or circumstances beyond our control.

## 12. LIMITATION OF LIABILITY

### 12.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, DELTI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

- Any indirect, incidental, special, consequential, or punitive damages

- Loss of profits, revenue, data, or business opportunities

- Personal injury, death, or property damage arising from your use of the Service

- Any damages arising from third-party services or user conduct

### 12.2 Maximum Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

### 12.3 Basis of the Bargain

YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS IN THESE TERMS REFLECT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL BASIS OF OUR AGREEMENT. WE WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

## 13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Delti LLC, and our officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or relating to:

- Your use or misuse of the Service

- Your violation of these Terms

- Your violation of any third-party rights

- Your violation of applicable laws or regulations

- Any injuries, damages, or losses you suffer while using the Service

- Any user content you post or share through the Service

## 14. DISPUTE RESOLUTION

### 14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

### 14.2 Venue

Any legal action or proceeding arising from or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Los Angeles County, California. You irrevocably consent to the jurisdiction of such courts.

### 14.3 Informal Resolution

Before filing any legal action, you agree to first attempt to resolve the dispute informally by contacting admin@delti.pro. We will attempt to resolve disputes in good faith for at least 30 days.

### 14.4 No Class Actions

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

### 14.5 Time Limitation

You agree that any claim arising from or relating to the Service must be filed within one (1) year after the claim arose. Otherwise, the claim is permanently barred.

## 15. MODIFICATIONS TO TERMS

### 15.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date and notify you through the Service.

### 15.2 Acceptance of Changes

Your continued use of the Service after changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service.

### 15.3 Material Changes

For material changes to these Terms, we will provide at least 30 days' notice through the Service before the changes take effect.

## 16. GENERAL PROVISIONS

### 16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Delti regarding the Service and supersede all prior agreements.

### 16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

### 16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

### 16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

### 16.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Delti.

### 16.6 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

### 16.7 Electronic Communications

You consent to receive electronic communications from us, including emails and in-app notifications. These communications may include notices about your account, legal notices, and marketing messages (you may opt out of marketing messages).

### 16.8 Export Control

You agree to comply with all U.S. export and re-export control laws and regulations in your use of the Service.

## 17. CALIFORNIA-SPECIFIC PROVISIONS

### 17.1 California Consumer Rights

California residents are entitled to the following specific consumer rights information:

- You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

### 17.2 CCPA Rights

California residents have specific rights under the California Consumer Privacy Act. Please see our Privacy Policy for details.

## 18. CONTACT INFORMATION

For questions about these Terms, please contact:

**Delti**

Email: admin@delti.pro

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**BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.**