Nudge Terms of Service - Fan Interactive LLC

Effective date: May 28, 2026 Last updated: May 29, 2026

These Terms of Service ("Terms") are an agreement between you and Fan Interactive LLC ("Nudge," "we," "us") covering your use of the Nudge mobile application and related services (the "App"). By downloading, accessing, or using the App, you agree to these Terms. If you don't agree, don't use the App.

For how we handle your data, see our Privacy Policy. It's a separate document and part of this agreement by reference.

Questions? Email contactfandevelopment@gmail.com.

1. What Nudge is, and what it isn't

With Nudge you can do things like track your todos, nutrition, and fitness, chat with an AI coach, and use AI tools such as web search, image generation, voice, document reading, and scheduled reminders and automations.

Nudge is not:

A medical service, medical device, or a substitute for professional medical care.
A licensed personal trainer, dietitian, physician, therapist, or other licensed professional.
An emergency service.

The App is informational and motivational only. See Sections 3 and 4.

We're in active development. Features may be added, changed, or removed at any time, and the App may occasionally be unavailable. We don't promise the App will always work or stay the same.

We may modify or discontinue the App, or any feature of it, at any time, with or without notice, and we won't be liable to you for doing so. If we permanently discontinue the App while you have a paid subscription, we'll refund the unused portion of your current billing period.

2. Who can use Nudge

You must be at least 13 years old to use the App. If you are under 18, a parent or guardian has to verify you first (see below). This is the same in every country. No matter where you live, anyone under 18 needs a parent or guardian to approve their account.

Parental verification for users under 18. If you are under 18, a parent or guardian must verify you before you can use the App: they create their own adult (18+) account and confirm you using an in-app pairing code. By verifying a child, the adult confirms that they are that child's parent or legal guardian, that they are at least 18, and that they consent to and take responsibility for the child's use of the App, including its AI features. A verifying adult may withdraw verification, and we may revoke a minor's access if a valid parent/guardian link is removed or was not genuine. We perform this verification on a reasonable-efforts basis and rely on the accuracy of the information you and the verifying adult provide.

By using the App you confirm that the information you give us, including your age, is accurate and that you meet the requirements above. If you are 18 or older, you also confirm that you can enter into this agreement. If you are under 18, your parent or guardian accepts these Terms on your behalf when they verify you, and they form this binding agreement on your behalf.

3. Health and safety: read this

Nudge does not provide medical advice. Everything in the App, including the data you log, the AI's responses, suggested workouts, nutrition guidance, supplement mentions, and any interpretation of metrics like blood pressure, is for general information and motivation only. It is not a diagnosis, treatment, prescription, or professional recommendation.

Talk to a qualified healthcare professional before you start or change an exercise program, change your diet, take supplements, or act on anything the App tells you, especially if you have a medical condition, are pregnant or nursing, are taking medication, or have any reason to be cautious.

Assumption of risk. Physical exercise carries inherent risks, including injury and, in rare cases, serious harm. You participate voluntarily and at your own risk. You are responsible for exercising within your own limits and stopping if something feels wrong.

Release. To the fullest extent permitted by law, you release Nudge from any claims, damages, or injuries arising out of or related to your use of the App, including following any guidance it provides.

Not for emergencies. If you are experiencing a medical or mental-health emergency, call your local emergency number or go to the nearest emergency room. Do not rely on the App for help in a crisis.

4. AI output

The App uses AI to generate chat responses, images, summaries, and search results. AI can be wrong, incomplete, biased, or fabricated. Generated images may not match what you asked for and may unintentionally resemble real people or existing works. Web search results may come from unreliable sources.

You are responsible for evaluating AI output before relying on it. Don't make decisions that materially affect your health, finances, safety, or relationships based on AI output without checking it independently or talking to the appropriate expert. We provide AI features "as is" and make no promises about their accuracy, reliability, or fitness for any purpose.

5. Your account

You're responsible for keeping your account credentials secure and for everything that happens under your account. Provide accurate information when you sign up. Tell us promptly if you suspect unauthorized use.

Service communications. We may send you essential communications about the App, such as security alerts, billing notices, and changes to these Terms or our Privacy Policy. These are part of the service and you can't opt out of them while you have an account. Any purely promotional messages are separate and you can opt out of those.

App Lock and recovery. The App offers an optional App Lock (password + biometric). If you enable it and set up recovery codes, you can restore access if you forget your password. We never hold a copy of your password or recovery codes, which enhances security. However, if you lose both your recovery codes, recovery is impossible.

6. Loss of local-only data

You are responsible for your device and your own backups. If you lose, reset, or wipe your device, or uninstall the App, locally stored data may be permanently lost.
We can't recover data that only lives on your device.
The App provides an Export feature so you can back up your data yourself. We recommend using it.

7. Subscriptions and payments

Parts of the App may be offered free, and other features may require a paid subscription. The sections below apply when and if you purchase a subscription. (At the time of writing, paid subscriptions may not yet be available for purchase; these terms govern them once they are.)

Tiers and pricing. Subscription tiers, their features, and prices are shown in the App and may change over time. We'll give reasonable notice of price changes before they affect you.

How you pay. Depending on your platform, you may purchase through:

Apple App Store or Google Play. The store processes the payment, manages your subscription, and handles renewals. We never receive your payment card details. Refunds and cancellations are governed by the store's policies, not ours.
Web checkout (Stripe). Payment is processed by Stripe. We don't store your card details. In this case, you manage or cancel your subscription, and request refunds, through the account/billing tools we provide.

Auto-renewal. Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. You can cancel anytime: through your app store account for store purchases, or through our billing tools for web purchases. Cancellation stops future charges; it doesn't retroactively refund the current period unless required by law or the applicable store policy.

Free-tier limits. Free use is subject to usage limits (for example, caps on AI usage). We may change these limits, and we may rate-limit, throttle, or temporarily refuse service to prevent abuse or excessive cost.

Circle (shared plans). The App lets you form a "Circle" (a group of linked accounts connected to one plan) and invite or add others to it, or join someone else's. How it works:

Pooled usage. Whether a Circle has a shared usage allowance depends entirely on the Circle owner's plan. Only plans that include a usage boost contribute a shared allowance for the Circle to draw from; the owner's plan also sets its size. If the owner's plan does not include a usage boost, there is no pooled usage and any members of the Circle use their own individual allowance.
Owner responsibility. The Circle owner is the subscriber of record and is responsible for who they invite or admit. Each member is responsible for their own use within the Circle. Only add people you know and trust.
Joining and leaving. Invites and join requests must be accepted by both sides. The owner can remove members, and members can leave, at any time. If you leave or are removed, you lose access to the shared allowance; if the owner cancels or changes the plan, the shared allowance changes or ends accordingly.
Fair use. We may provide per-member usage visibility, notifications, or optional caps, and we may rate-limit a Circle to prevent abuse or excessive cost, as described in the App.

Rewards and promotional credits. We may offer rewards, for example cosmetic perks for verifying your child or inviting a friend. Rewards:

have no cash value, are not transferable, and cannot be exchanged for money or for usage-based features;
are subject to limits we set (such as a lifetime cap per person and one-time eligibility per invited person);
may be withheld, reduced, or reversed if we detect fraud, abuse, duplicate or shared devices, or attempts to game the system; and
may be changed, suspended, or ended at any time. Rewards are a discretionary promotion, not an entitlement.

8. Acceptable use

When using the App, you agree not to:

Break the law or use the App for unlawful purposes.
Reverse engineer, decompile, scrape, or attempt to extract our source code or models.
Access the App through automated means, or resell, sublicense, or share your individual account.
Interfere with or overload our systems, or try to bypass usage limits or security controls.

AI-specific rules. You agree not to use the App's AI features to:

Create sexual, nude, or suggestive content; content depicting minors in any sexual or suggestive way; or content designed to depict real, identifiable people without their consent.
Generate hateful, harassing, violent, or extremist content.
Attempt to jailbreak, prompt-inject, or otherwise circumvent the App's safety filters.
Produce content intended to harm yourself or others, or to give medical, legal, or other professional advice to third parties.

You're responsible for how you use the App regardless of whether a safety check catches a violation. We may suspend or terminate accounts that break these rules.

9. Your content and our content

Your content. You keep ownership of the content you create or log in the App (your messages, your data, files you upload). You grant us a limited, non-exclusive license to store, process, and transmit that content solely to operate and provide the App to you. For most content this processing happens on your device; some happens on our servers or through the AI providers listed in the Privacy Policy.

AI training. If, and only if, you turn on "Help train Nudge's AI," you grant us permission to store redacted copies of your chat messages and use them to improve our AI. You can withdraw this at any time by turning the setting off, which deletes your contributions from our training data. The specifics, including the limits of what deletion can undo, are in the Privacy Policy.

Generated content. Subject to these Terms, you may use the images and other content the App generates at your request. We don't claim ownership of it, but we also don't guarantee it's free of third-party rights. AI-generated content can unintentionally resemble existing works or people, and you're responsible for how you use it.

You represent that you have the rights to any content you upload and that it doesn't violate anyone else's rights or the law.

Our content. The App itself, including our software, branding, design, and the built-in AI coaches and their personalities, belongs to us or our licensors and is protected by intellectual property laws. These Terms don't give you any rights to it beyond using the App as intended.

Feedback. If you send us feedback, ideas, or suggestions about the App, we may use them freely for any purpose, without any obligation or compensation to you.

Copyright complaints (DMCA). We respond to notices of claimed copyright infringement that comply with the U.S. Digital Millennium Copyright Act. If you believe content available through the App infringes your copyright, send a notice to contactfandevelopment@gmail.com including: (a) a physical or electronic signature of the copyright owner or an authorized agent; (b) identification of the copyrighted work you say has been infringed; (c) identification of the allegedly infringing material and where it can be found in the App; (d) your address, telephone number, and email; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner. We may remove or disable the material and notify the user who posted it. Counter-notices may be submitted to the same address. We terminate accounts of repeat infringers in appropriate circumstances. Note: filing a false notice may subject you to liability under the DMCA.

10. Third-party services

The App relies on third-party providers. We're not responsible for those providers' availability, changes, or their own acts and omissions. Your use of the App may also be subject to the app store's terms.

11. Termination

You can stop using the App anytime and can delete your account in app settings.

We may suspend or terminate your access, with or without notice, if you breach these Terms, misuse the App, create legal risk for us, or fail to pay (for paid features), or as required by law.

On termination: your right to use the App ends. Data handling on account deletion is described in the Privacy Policy. Device-local data stays on your device until you delete it or uninstall the App. Sections that by their nature should survive termination (disclaimers, limitation of liability, indemnification, governing law) continue to apply. If we terminate your access for cause (a breach or misuse), you are not entitled to a refund of any prepaid fees. If we terminate without cause, we'll refund any prepaid fee for the unused portion of your current billing period.

Effect on a Circle. If a Circle owner's account is terminated or deleted, the Circle is dissolved: members lose access to any shared allowance the owner's plan provided, and the Circle relationship ends. If a non-owner member's account is terminated or deleted, only that member is removed and the Circle continues for the remaining members.

12. Disclaimers

The App is provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the App will be uninterrupted, error-free, secure, or that AI output will be accurate or reliable.

13. Limitation of liability

To the fullest extent permitted by law:

We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising out of or related to your use of the App.
Our total liability for any claim arising out of or related to the App is limited to the greater of (a) the amount you paid us in the 12 months before the claim, or (b) USD $50.

Some places don't allow these limits, including, in many jurisdictions, any limit on liability for death or personal injury caused by negligence. Nothing in these Terms limits or excludes liability that can't legally be limited or excluded; the limits above apply only as far as the law allows.

14. Indemnification

You agree to indemnify and hold us harmless from claims, damages, losses, and legal costs arising out of your misuse of the App, your content, or your violation of these Terms or the law, except to the extent the claim results from our own wrongdoing.

15. Governing law and disputes

These Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-laws rules.

Individual arbitration. To the extent permitted by law, you and we agree to resolve any dispute arising out of or relating to the App or these Terms through binding individual arbitration, rather than in court. The arbitration will be conducted by a recognized arbitration provider under its consumer rules.

Class-action waiver. To the extent permitted by law, disputes will be resolved only on an individual basis. You and we waive any right to bring or participate in a class, collective, or representative action.

Small-claims exception. Either of us may instead bring a qualifying dispute in small-claims court, if the claim and the parties qualify for that court. This lets minor disputes be handled simply, without arbitration.

Right to opt out of arbitration. You may opt out of this arbitration agreement (including the class-action waiver) by emailing contactfandevelopment@gmail.com within 30 days of first accepting these Terms. Your email must include your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.

Court venue. The dispute will be resolved in the courts located in Augusta, Georgia, USA, and you consent to their jurisdiction, except where the law where you live gives you a non-waivable right to bring the dispute in your local courts, in which case that right applies.

Nothing here prevents you from bringing a complaint to a relevant consumer-protection or data-protection authority where you have that right.

16. Apple and Google

If you downloaded the App from the Apple App Store, you acknowledge:

These Terms are between you and us, not Apple, and Apple is not responsible for the App or its content.
Apple has no obligation to provide maintenance or support for the App.
Apple is not responsible for any product claims, including product liability, legal/regulatory compliance, or consumer-protection claims; addressing any such claims is solely our responsibility.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
You comply with applicable third-party agreements (e.g., your wireless data plan) and U.S. export and sanctions rules when using the App.

If you downloaded the App from Google Play, your use is also subject to the Google Play Terms of Service, and you acknowledge that Google is not responsible for the App.

17. Changes to these Terms

We may update these Terms at any time, at our discretion, as the App and the law evolve. When we do, we'll update the date at the top, and the revised Terms take effect when posted.

For material changes, we'll also give reasonable advance notice (typically 30 days) through the App or by email before they take effect, so you can review them and, if you disagree, stop using the App and delete your account. Minor changes (wording, clarifications, formatting) take effect as soon as they're posted.

A change is "material" if it: introduces a new fee or materially raises an existing one; expands the categories of personal data we collect or the purposes we use it for; shares your data in a materially less protective way; reduces your rights; restricts how you can use the App in a way that meaningfully affects you; or otherwise changes the agreement to your detriment in a way a reasonable user would want to know about in advance. Routine provider swaps that serve the same purpose with comparable protections, bug fixes, security improvements, and editorial cleanups are not material.

Your continued use of the App after a change takes effect means you accept the updated Terms.

18. General

Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the App.
Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
No waiver. If we don't enforce a right, that's not a waiver of it.
Assignment. You can't transfer your rights under these Terms; we may transfer ours (for example, in a merger or acquisition).
Force majeure. We're not liable for failures caused by events beyond our reasonable control.

19. Contact

contactfandevelopment@gmail.com