Puffy App – Terms of Service

Welcome to Puffy, a fitness application provided by Eggs & Oats LLC (“Company”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your use of the Puffy mobile application and any related services (collectively, the “Service”). By downloading or using Puffy, you agree to be bound by these Terms. If you do not agree, you must not use the app or Service.

Acceptance of Terms

By creating an account or otherwise accessing the Service, you acknowledge that you have read, understood, and agree to these Terms, as well as our Privacy Policy (available in-app or on our website). You must be at least 18 years old (or the age of majority in your jurisdiction) to use Puffy. If you are between 13 and 18, you may only use Puffy under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Using the Service on behalf of an organization or other entity indicates you have authority to bind that entity to these Terms.

We may update or modify these Terms from time to time by posting the revised Terms in the app or on our website, with a new “Last Updated” date. Continued use of Puffy after updates constitutes your acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Service.

Account Registration and Security

To access Puffy, you will need to create an account. You agree to provide accurate and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Please choose a strong password and do not share it. Notify us immediately at development@eggsandoats.com if you suspect any unauthorized use of your account or security breach. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.

User-Generated Content

Puffy may allow you to create, upload, or share content such as workout routines, workout visuals, profile information, text, images, or other materials (“User Content”). You retain ownership of the User Content you create; however, by submitting content through the Service, you grant us a worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute your content for the purposes of operating and improving the Service or for the purposes of marketing and advertising the Service. You represent and warrant that you have all necessary rights to the content you upload and that such content does not violate any law or infringe any third-party rights.

You are solely responsible for the accuracy, legality, and quality of your User Content and for the consequences of sharing it.

We do not pre-screen user submissions, and you may be exposed to content from other users. We do not endorse, verify, or accept responsibility for any User Content posted by others.

If you find another user’s content to be offensive, harmful, or in violation of these Terms, you may report it through the in-app reporting feature or by contacting us at development@eggsandoats.com. We reserve the right (but have no obligation) to monitor, moderate, and remove User Content at our discretion if we determine it violates these Terms or is otherwise objectionable. However, the user who posted the content remains solely responsible for it.

Subscription and Billing

Subscription Requirement: Access to the full features of Puffy requires an active subscription purchased via Apple’s in-app purchase system. Basic download of the app may be free, but premium content (such as full workout libraries or personalized plans) is unlocked through a paid subscription. Pricing and plans (e.g. monthly or annual) are displayed in the app at the time of purchase and may vary by region. All fees are in USD (or your local App Store currency) and inclusive of any applicable taxes unless otherwise stated.

Payment & Auto-Renewal: When you subscribe, payment will be charged to your Apple App Store account upon confirmation of purchase. Subscriptions automatically renew at the end of each billing period (e.g. monthly or yearly) unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the same rate and term length you originally selected, unless you have changed your subscription plan.

Managing Subscriptions: You can manage or cancel your Puffy subscription at any time via your Apple ID Account Settings on your device. For example, you may turn off automatic renewal or change to a different plan in your Apple account settings. If you cancel a subscription, the cancellation will take effect after the current prepaid period ends — you will retain access to premium features until the end of the active subscription term. Please note that deleting the app does not automatically cancel your subscription – you must actively cancel the subscription through Apple.

Free Trials: If Puffy offers a free trial period for new subscribers, the length of the trial will be specified in the offer. Trials are available to new users only (one per user). Any unused portion of a free trial will be forfeited when you purchase a subscription. In other words, if you upgrade to a paid subscription before the trial ends, the remaining free trial days will not be retained.

Billing Issues and Refunds: All subscription sales are final. Given that subscriptions are billed through Apple’s IAP system, refunds for subscriptions are governed by Apple’s refund policies. We (Eggs & Oats LLC) do not have the ability to issue refunds directly for purchases made through Apple. If you believe you were charged in error or have extenuating circumstances, you may request a refund through Apple (for example, by using the “Report a Problem” feature on your Apple receipt, or contacting Apple Support). Apple, at its discretion, will determine refund eligibility. If a refund is granted, your access to subscription features may be revoked immediately. We reserve the right to adjust the pricing for our Service or subscription plans. In the event of a price change, we will notify you in advance and, if required, seek your consent. Any price changes will apply to the next subscription period. If you do not agree to a price change, you may cancel the subscription before the new rate takes effect.

User Conduct and Community Guidelines

We expect all users to behave respectfully and responsibly on Puffy. By using the Service, you agree not to engage in any prohibited conduct. Prohibited conduct includes, but is not limited to, the following:

• Harassment or Hate: Do not harass, bully, or threaten other users. Do not post content that is hateful, defamatory, abusive, or encourages violence or discrimination against any individual or group.
• Inappropriate or Illegal Content: Do not upload or share any content that is unlawful, obscene, pornographic, vulgar, or otherwise objectionable. This includes content that depicts or encourages illegal activity or self-harm.
• Misinformation or Fraud: Do not spread false or misleading information. Any health or fitness advice you share should be truthful and accurate to the best of your knowledge. Likewise, do not impersonate any person or entity, or fraudulently misrepresent your affiliation.
• Intellectual Property Violations: Do not post content that infringes or violates the intellectual property rights, privacy rights, or other rights of any third party. Only share content that you have the right to share.
• Technical Misuse: Do not introduce malware, viruses, or any other malicious code into the app. Do not attempt to hack, disrupt, or interfere with the proper functioning of the Service, our servers, or networks. Avoid any activity that could overwhelm or adversely affect the Service (e.g. spamming, flooding, automated data scraping without permission).
• Unauthorized Commercial Use: Puffy is for personal fitness use. Do not use the Service for unauthorized commercial purposes, such as advertising products or services without our permission, or soliciting other users.
• Third-Party Terms: When using Puffy, you must comply with all applicable laws and any third-party terms that may apply to your use of the app. For example, you must not violate your wireless data provider’s terms or Apple’s App Store terms in the course of using Puffy.

These guidelines are designed to maintain a positive and safe community. We reserve the right to take appropriate action for violations of the above, including removing or editing offending content, and/or suspending or terminating accounts of violators (as detailed in the Termination section below). We may also cooperate with law enforcement if your behavior violates the law. If you witness conduct that violates these rules, please report it to us.

Health and Fitness Disclaimer

Consult a Physician: Prior to beginning any new exercise program or using the fitness content in Puffy, you should consult your physician or other qualified health professional to ensure the workouts and activities are appropriate for your individual health and fitness condition. This is especially true if you have any pre-existing medical conditions, injuries, or are pregnant. If you have a history of high blood pressure, heart disease, chest pain, dizziness, or joint problems, you should get medical clearance before using Puffy’s exercise guidance. If at any time you feel faint, dizzy, pain, or shortness of breath while exercising, stop immediately and seek medical advice if necessary.

Informational Purposes Only: The content and information provided by the Puffy app (including AI-generated workout plans, exercise demonstrations, nutritional tips, or other guidance) are for informational purposes only. Nothing contained in the Service is intended to be, nor should it be taken as, medical advice or a substitute for professional healthcare advice, diagnosis, or treatment. The Service is not a medical or healthcare provider, and we do not offer medical or nutritional advice. Always consult a healthcare professional for personal health concerns or before making decisions based on information from the app. Never disregard professional medical advice or delay seeking it because of something you have read or seen on Puffy.

Use at Your Own Risk: Your use of any exercises, suggestions, or information obtained through Puffy is solely at your own risk. While we strive to provide useful and safe fitness information, Puffy cannot guarantee that all workouts or recommendations are safe, effective, or suitable for every individual. The exercises presented may not be appropriate for all users, and individual results may vary. We are not responsible for any injuries, health problems, or other damage that might result from training programs, exercises, or information learned through the app. By using Puffy, you acknowledge that engaging in physical exercise carries inherent risks, and you assume all responsibility for any health outcomes.

No Warranty on Accuracy: Fitness and health research is continually evolving. We make no warranty that the information provided through the Service is completely up-to-date, error-free, or applicable to your particular needs. Puffy disclaims any liability for inaccuracies or misstatements in the content. If you spot what you believe is an error or have concerns about the information, please let us know, but always defer to professional medical advice for critical decisions regarding your health.

Disclaimer of Warranties

“AS IS” Service: Puffy is provided “AS IS” and “AS AVAILABLE”, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, the Company disclaims all warranties and representations, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Service will meet your requirements or expectations, or that it will be uninterrupted, timely, secure, or error-free.

No Guarantee of Results: You understand that fitness results are not guaranteed. Any success stories or examples you may see (from other users or marketing materials) do not assure similar outcomes for you. Your personal results will depend on many factors outside the scope of our Service (such as your dedication, diet, genetics, health status, etc.). Puffy provides tools and information, but you are responsible for how you use them and for maintaining your own health and fitness.

Data and Content: We make no warranty that any data or content you access on Puffy will be accurate or reliable. This includes User Content provided by other users – as noted, such content is the responsibility of the user who posts it, and we are not liable for it. We also cannot warrant that the Service or our servers are free of viruses or other harmful components, though we do take reasonable measures to secure the Service. Any material you download or obtain through Puffy is done at your own discretion and risk.

No Professional Advice: You acknowledge that no advice or information, whether oral or written, obtained by you from Puffy or through the Service shall create any warranty not expressly stated in these Terms. Any fitness or health information on Puffy is not professional advice and is covered by the Health Disclaimer above. Use your judgment and consult professionals for advice.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, any implied warranties are limited to the minimum duration allowed by law.

Limitation of Liability

To the maximum extent permitted by law, in no event shall Eggs & Oats LLC, its affiliates, officers, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, including but not limited to damages for loss of profits, loss of data, personal injury, or property damage, arising out of or related to your use of or inability to use the Puffy Service, even if we have been advised of the possibility of such damages. This limitation applies to all causes of action, whether based in contract, tort (including negligence), strict liability, or any other legal theory.

Cap on Liability: In no case shall our total aggregate liability for all damages and losses arising from your use of the Service, including any claims related to AI-generated workout plans, exceed the amount (if any) that you have paid to us for the Service in the twelve (12) months prior to the event giving rise to the liability. For example, if you have paid subscription fees totaling $50 in the past year, that is the absolute cap of what we could be responsible for, regardless of the nature of the claim. If you have not made any payments to us (for a free app or free trial), our total liability shall not exceed US $100.

User Content and Third Parties: We are not responsible for any content that users post or the conduct of any user, whether online or offline. You acknowledge that interactions with other users or third-party providers (including any third-party links or content in the Service) are solely between you and that party. We will not be liable for any dispute, claim, or damage arising from any such interaction or content. Similarly, any third-party products or services integrated with Puffy (such as Firebase or Superwall, as described below) are provided by those third parties and we assume no liability for their acts or omissions.

These limitations of liability are fundamental elements of the agreement between you and us. Some jurisdictions do not allow certain liability exclusions or limitations, so to that extent, some of the above may not apply to you. However, our liability is limited to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Eggs & Oats LLC and its parents, affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to (a) your use or misuse of the Service, (b) your violation of these Terms, (c) your violation of any rights of a third party (for example, infringement of intellectual property or privacy rights by content you posted), or (d) your violation of any applicable law or regulation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claim. You will not settle any claim that affects us without our prior written approval.

Termination of Service

By You: You may stop using Puffy and terminate your account at any time. If you wish to delete your account, you can do so within the app’s settings (if available) or by contacting us at development@eggsandoats.com. Terminating your account or deleting the app does not automatically cancel your subscription – you must also cancel any active subscriptions through your Apple Account Settings to stop recurring payments (see Subscription section above).

By Us: We reserve the right to suspend or terminate your access to Puffy (including your account) at our sole discretion, with or without notice, if we believe that: (i) you have violated any provision of these Terms or any applicable law; (ii) your conduct is harmful to the community, other users, or our interests; or (iii) we decide to discontinue the Service altogether. In serious violations or illegal activities, we may terminate your account immediately without prior notice. In other cases, we may provide a warning or notice of intent to terminate.

If we terminate your account due to a violation of these Terms or illegal conduct, you will not be entitled to any refunds for subscriptions or purchases you have made (to the fullest extent permitted by law). After termination, your license to use the app will end, and you must cease all use of the Service. Any User Content you have submitted may no longer be accessible to you (though residual copies may remain in our backup systems for a period of time or as required by law). We are not liable to you or any third party for termination of your account or access to the Service.

Discontinuation: We also reserve the right to discontinue or shut down the Puffy Service (in whole or in part) at any time, e.g., if the app becomes no longer viable. If we do so, we will attempt to give you advance notice when feasible (for example, via an in-app message or email). If we discontinue the paid portion of the Service entirely, we may provide pro-rated refunds for any remaining unused subscription period, as required by law.

Third-Party Services and Integrations

Puffy relies on certain third-party services to function effectively. We believe in transparency regarding these external providers:

• Firebase and Google Services: Puffy uses Google’s Firebase platform (including Firebase Authentication, Cloud Firestore, and Firebase/Google Analytics) for user account management, data storage, and analytics. These services help us securely store your workout data, track app performance, and provide seamless login functionality. By using Puffy, you acknowledge that your data may be processed by Firebase/Google in accordance with their terms and privacy policies.
• Superwall: We integrate Superwall (a third-party service for managing in-app paywalls and subscription workflow) to handle the presentation of subscription options and to facilitate in-app purchases. Superwall helps us create and update subscription offerings without requiring constant app updates. When you initiate a subscription purchase, Superwall works with Apple’s in-app purchase system to securely process the transaction.
• Apple App Store (In-App Purchases): All payments for subscriptions are handled through Apple’s App Store In-App Purchase system. As such, Apple’s own terms and privacy policy govern those transactions. We do not directly collect or store your payment information (that is managed by Apple).

These third-party service providers may collect or receive certain personal data about you (for example, Firebase Authentication handles your email and password for login, and Firebase Analytics collects usage statistics). Our use of these services is detailed in our Privacy Policy, and by agreeing to these Terms, you also consent to our use of such services as described. We do not control these third-party services and their operations, so we cannot guarantee their performance or security, but we choose reputable providers and strive to contractually ensure they protect your data.

Be aware that each third-party service has its own terms of service and privacy policies. While using Puffy, you are also subject to those third-party terms to the extent they apply. For example, using the app means you are also bound by Google’s Terms for Firebase services and Apple’s media services terms when making payments. If you do not agree with any third-party terms, you should not use the portions of the Service that rely on those services.

We are not liable for any damages or losses caused by the operational failure or data practices of third-party services, except to the extent required by law. However, if you encounter an issue related to one of these integrations, we will do our best to assist or provide information so that it can be resolved.

Apple App Store Terms and Acknowledgments

This Terms of Service also serves as a Licensed Application End User License Agreement for users who downloaded Puffy via the Apple App Store. You acknowledge and agree to the following provisions required by Apple:

• Acknowledgment: These Terms are solely between you and Eggs & Oats LLC, not Apple Inc. We, as the app developer, are fully responsible for Puffy and its content. Apple is not a party to these Terms and is not responsible for the app’s maintenance, support, or any warranties, claims, or issues with the app’s performance. However, Apple and its subsidiaries shall be considered third-party beneficiaries of these Terms, with the right to enforce them against you as a user of the app. Upon your acceptance of these Terms, Apple will have the right (and is deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary.
• Scope of License: The license granted to you to use Puffy is a limited, non-transferable, non-exclusive license to use the app on any Apple-branded devices that you own or control, and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service. You may not use Puffy on any device that you do not own or control, and you may not distribute or make Puffy available over a network where it could be used by multiple devices at the same time. You agree not to copy (except as permitted by this license and Apple’s rules), reverse-engineer, disassemble, attempt to derive the source code of, or modify the app or any services provided by the app, except as allowed by law.
• Maintenance and Support: Eggs & Oats LLC is responsible for providing any necessary maintenance or support for Puffy. Apple has no obligation to furnish maintenance or support services for the app. If you have any support questions or complaints about the app, please contact us (not Apple) using the contact information below.
• Warranty: We disclaim all warranties to the extent noted in the “Disclaimer of Warranties” section of these Terms. In the event of any failure of the Puffy app to conform to any applicable warranty that is not effectively disclaimed, you may notify Apple and Apple will refund the purchase price (if any) for the app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty will be our responsibility, as the developer.
• Product Claims: You acknowledge that we, not Apple, are responsible for addressing any of your claims or any third-party claims relating to the Puffy app or your possession and/or use of Puffy. This includes, but is not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation. Nothing in these Terms shall be deemed an admission that you have such claims.
• Intellectual Property Rights: In the event of any third-party claim that the Puffy app, or your possession and use of the app, infringes a third party’s intellectual property rights, Eggs & Oats LLC (not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You agree to use Puffy in compliance with the intellectual property laws and the usage rules of the App Store.
• Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. This is in accordance with U.S. export control and sanctions laws that Apple must comply with.
• Developer Contact Info: For any questions, complaints, or claims regarding Puffy, you can contact the application provider (Eggs & Oats LLC) at: Address: 220 Beverly St SE, Live Oak, FL 32064, USA Email: development@eggsandoats.com

This contact information may also be used for reaching out with feedback or support requests. Apple’s obligation to refund (as described in the Warranty section above) is the only warranty obligation Apple has to you under the App Store Standard EULA. All other disputes or issues should be directed to us as the developer.

Governing Law and Dispute Resolution

These Terms and any action related to them shall be governed by and construed in accordance with the laws of the State of Florida, USA, and (to the extent not inconsistent) the federal laws of the United States. This governing law applies no matter where in the world you are located, but if you are a consumer in a jurisdiction with mandatory consumer protection laws, you will retain the benefits of those mandatory protections. Conflict of laws principles (that might apply the laws of a different jurisdiction) shall not apply.

By using the Service, you agree that any disputes or claims arising out of or in connection with these Terms or the Puffy Service shall be exclusively subject to the jurisdiction of the state or federal courts located in Florida, unless otherwise required by applicable law. You and the Company consent to venue and personal jurisdiction in such courts. Notwithstanding this, we reserve the right to seek injunctive or equitable relief in any jurisdiction if necessary to protect our interests or enforce our rights.

If you are a user based outside the United States, local laws may allow you to file claims in your country of residence and have certain claims heard there under that country’s law. These Terms do not limit any consumer rights that you may be entitled to under the mandatory laws of your jurisdiction.

Miscellaneous

Severability: If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. The remaining sections of the Terms will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Eggs & Oats LLC.

Entire Agreement: These Terms (along with the Privacy Policy and any additional guidelines or policies we provide) constitute the entire agreement between you and Eggs & Oats LLC regarding the Service and supersede any prior agreements or understandings, whether written or oral, relating to your use of Puffy. In case of a conflict between these Terms and any other policy or documentation, these Terms will generally control, except where explicitly stated otherwise.

Assignment: You may not assign or transfer these Terms (or any rights or licenses granted under them) without our prior written consent. We may assign or transfer these Terms or our rights and obligations at any time to an affiliate or as part of a merger, acquisition, sale of assets, or by operation of law.

Headings: Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.

Contact Information

If you have any questions, concerns, or feedback about these Terms or the Puffy Service, please contact us:

Email: development@eggsandoats.com

Mail: Eggs & Oats LLC, 220 Beverly St SE, Live Oak, FL 32064, USA

We value our users and strive to address your inquiries promptly.

By using Puffy, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. Thank you for reviewing our terms, and we hope you enjoy using Puffy to pursue your fitness goals in a safe and positive way!