Barbary
Legendary Fitness, Unlocked

Barbary – Terms of Service

Effective Date: 05/21/2025

  1. Introduction & Acceptance
    Welcome to Barbary (“Barbary,” “the App,” “we,” “us,” or “our”), a fitness application operated by an individual based in Colorado, USA.
    By downloading, installing, accessing, or using Barbary, you (“you,” “your,” “user”) agree to be bound by these Terms of Service (“Terms”) and by our Privacy Policy, available at barbary-app.com/privacy.
    If you do not agree to these Terms, do not use the App.
  2. Eligibility & Age Restrictions
    • No Use Under 13: The App is not intended for children under the age of 13, and we do not knowingly collect personal information from anyone under 13. If you are under 13, do not use Barbary or provide any personal information.
    • Parental Consent for Minors: If you are under 18 (or the age of majority in your area), you may only use the App under the supervision of, and with the express consent of, your parent or legal guardian, who must agree to these Terms on your behalf.
    • Local Laws: If local laws (e.g., EU) require a higher minimum age for data processing, you must comply with those laws.
    • Representation: By using Barbary, you represent and warrant that you meet all eligibility requirements.
  3. Health, Medical, and Professional Disclaimer
    • Not Medical Advice: Barbary is for general informational and motivational purposes only. It does not provide medical, nutritional, therapeutic, or other professional advice.
    • Speak to Your Doctor: Always consult your physician or a qualified healthcare provider before starting any new exercise, fitness, or nutrition program.
    • No Professional Relationship: Your use of the App does not create a doctor-patient or any other professional or fiduciary relationship.
    • Use at Your Own Risk: You assume all risk associated with your use of the App or participation in any exercise or activity recommended by it. Stop immediately and seek medical attention if you experience pain, dizziness, discomfort, or other adverse symptoms.
    • No Guarantees: We make no representations or warranties about the results, outcomes, or effectiveness of any exercise, nutrition, or health plan in the App. Individual results may vary.
    • To the Maximum Extent Permitted by Law: We disclaim all responsibility and liability for any injury, illness, medical issue, damages incurred through use of the App.
  4. Account Registration & Security
    You may be required to create an account to access certain features. You agree to provide accurate, current, and complete information, including a valid email address.
    You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
    Notify us immediately at support@barbary-app.com if you suspect unauthorized access or use of your account.
    We are not liable for any loss or damage arising from your failure to protect your account.
  5. User Conduct

    You agree not to do any of the following:

    • Harass, abuse, impersonate, or threaten others;
    • Post, transmit, or share any content that is offensive, illegal, infringing, defamatory, obscene, or violates another’s rights;
    • Attempt to hack, reverse-engineer, interfere with, or disrupt Barbary, its servers, or networks;
    • Use Barbary for any unlawful, unauthorized, or commercial purpose, including unsolicited advertisements or spam;
    • Violate any applicable laws or regulations.
    Moderation: We reserve the right (but not the obligation), at our sole discretion, to monitor, review, remove, or edit any content, and/or to suspend or terminate accounts, at any time and for any reason, without notice or liability.
  6. User-Generated Content & Social Features
    • When you use leaderboards, social, or interactive features, your username and select fitness statistics (e.g., XP, streaks) may be visible to other users.
    • By submitting, posting, or sharing content on Barbary (including usernames, comments, or other material), you:
      • Grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, display, reproduce, modify, create derivative works from, and distribute your content as necessary to operate, promote, or improve the App.
      • Warrant that you have all rights to such content and that it does not infringe or violate any third-party rights or laws.
      • Remain solely responsible for your content.
    • Content Moderation: We reserve the right, but not the obligation, to monitor, remove, or restrict any content for any reason. User-generated content does not reflect our views or opinions, and we disclaim all responsibility for such content.
    • Reporting: You may report inappropriate user content by contacting support@barbary-app.com or using any in-app reporting features.
  7. Subscriptions, Payments, and Refunds
    • Some features are available only through a paid subscription (“Barbary+”).
    • By subscribing, you agree to the presented pricing, billing terms, and features in the App or app store.
    • Payments are processed by third-party platforms (e.g., Google Play, Apple), and their terms apply. We do not control or store your payment information.
    • Subscriptions automatically renew unless cancelled in your app store prior to renewal.
    • All purchases are final and non-refundable, except as required by law or by the app store’s policies. We are not responsible for payment processing errors or disputes with third-party platforms.
    • Prices and features may change at any time with notice provided via the App or email. Continued use of Barbary after such changes constitutes your acceptance of the new terms.
    • You are responsible for any third-party fees.
  8. Intellectual Property & License
    • All content, code, text, graphics, images, features, data, and trademarks in Barbary are owned by us or our licensors.
    • You are granted a limited, revocable, non-exclusive, non-transferable license to use Barbary for your personal, non-commercial use, subject to these Terms.
    • You may not: reproduce, copy, distribute, modify, create derivative works from, publicly display, perform, or otherwise use any content except as expressly permitted by us in writing.
    • All rights not expressly granted are reserved.
  9. Data, Privacy & Account Deletion
    Our Privacy Policy explains what data we collect, how it is used, and your rights. View it at https://barbary-app.com/privacy.
    By using Barbary, you consent to our data practices as described in the Privacy Policy.
    If you delete your account, we will delete or de-identify your personal data as described in the Privacy Policy, subject to legal retention requirements. Some non-identifiable information (such as anonymized usage data) may be retained for security, legal, or analytical purposes.
    For questions or to request deletion, contact support@barbary-app.com.
  10. Termination
    We reserve the right to suspend, terminate, or deny access to Barbary (or any part of it) to any user at any time, for any reason or no reason, with or without notice and without liability to you.
    You may delete your account at any time through the App or by contacting support.
    Upon termination, all licenses and rights granted to you under these Terms immediately cease.
    Sections of these Terms that by their nature should survive termination (e.g., Indemnification, Limitation of Liability, Arbitration, Intellectual Property, etc.) will survive.
  11. Disclaimer of Warranties
    BARBARY IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
    No Guarantee: We do not guarantee that the App will be uninterrupted, secure, available, error-free, or that any content is accurate, complete, or up-to-date. You acknowledge that your use of Barbary may result in the loss of data, interruptions, delays, or errors, and you agree we are not responsible or liable for such issues.
    USE BARBARY AT YOUR OWN RISK.
  12. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARBARY AND ITS OWNER(S), OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF:
    • THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM; OR
    • TEN U.S. DOLLARS ($10).
    Some jurisdictions do not allow certain exclusions or limitations; in such cases, our liability will be limited to the maximum extent permitted by law.
  13. Indemnification
    You agree to indemnify, defend, and hold harmless Barbary and its owner(s), officers, employees, contractors, agents, and affiliates from and against any and all third-party claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
    • Your use of Barbary;
    • Your violation of these Terms;
    • Your violation of any rights of another person or entity;
    • Any content you submit, post, or transmit.
  14. Arbitration & Class Action Waiver
    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
    Any dispute, claim, or controversy arising out of or relating to these Terms or your use of Barbary will be resolved exclusively by binding arbitration in Denver, Colorado, in accordance with the rules of the American Arbitration Association.
    You and Barbary each waive any right to a jury trial and to participate in a class or representative action.
    You may bring claims only as an individual, not as a class or representative action.
    If this section is found unenforceable in your jurisdiction, only this section will be severed and the remainder of the Terms will remain in effect.
    You may assert qualifying claims in small claims court.
  15. Copyright Complaints (DMCA)
    If you believe any content in Barbary infringes your copyright, please notify us at support@barbary-app.com with the subject “Copyright Complaint” and include:
    • Your name and contact information;
    • A description of the copyrighted work;
    • The location of the allegedly infringing content.
  16. Modifications to App & Terms
    We may modify, suspend, or discontinue Barbary (or any part) at any time, with or without notice.
    We may amend these Terms at any time. Changes are effective when posted in the App, on our website, or via email, with an updated effective date.
    Material changes will be notified in the App or by email, when possible.
    If you do not agree to the revised Terms, discontinue use of Barbary. Continued use after changes constitutes your acceptance.
  17. Governing Law
    These Terms are governed by and construed under the laws of the State of Colorado, USA, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Denver, Colorado, for any claims not subject to arbitration.
    Some provisions may not apply to users in jurisdictions with conflicting consumer protection laws.
  18. Severability
    If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
  19. Assignment
    We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer your rights or obligations under these Terms.
  20. Entire Agreement
    These Terms, together with our Privacy Policy and any additional policies posted in the App, constitute the entire agreement between you and Barbary regarding your use of the App, and supersede all prior agreements or understandings.
  21. Contact
    If you have questions or concerns about these Terms, please contact:
    Email: support@barbary-app.com

End of Terms of Service