Terms of Service

Last updated: June 29, 2026

Welcome to Swolly. These Terms of Service ("Terms") govern your access to and use of the Swolly mobile application ("App") operated by Swolly LLC ("we," "our," or "us"). By creating an account or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Eligibility & License

You must be at least 18 years of age to create an account and use Swolly. By creating an account, you represent and warrant that you are at least 18 years old.

We reserve the right to terminate accounts where we have reason to believe the user is under 18 years of age.

1.2 License Grant

Subject to your compliance with these Terms, Swolly LLC grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices that you own or control, solely for your personal, non-commercial use. This license does not constitute a sale of the App or any copy thereof. You may not sublicense, rent, lease, lend, sell, redistribute, or create derivative works based on the App. We reserve all rights not expressly granted to you.

This license is effective until terminated by you or by us. Your rights under this license will terminate automatically if you fail to comply with any of these Terms.

1.3 Third-Party App Store Terms

If you downloaded the App from Apple's App Store or Google Play Store ("App Provider"), the following additional terms apply:

2. Your Account

3. Acceptable Use

You agree to use Swolly only for lawful purposes and in accordance with these Terms and our Community Guidelines. You agree not to:

4. User-Generated Content

4.1 Your Content

You retain ownership of content you post on Swolly, including activity posts, photos, comments, chat messages, and recipes ("Your Content"). By posting content, you grant us a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute Your Content solely for the purpose of operating and providing the App.

You represent and warrant that you have the right to post Your Content and that it does not violate any third party's intellectual property rights, privacy rights, or any applicable law.

4.2 Content Responsibility

You are solely responsible for Your Content. We do not endorse, verify, or guarantee the accuracy, completeness, or usefulness of any user-generated content. We are not responsible for any content posted by users.

4.3 Content Removal

We reserve the right, but have no obligation, to proactively monitor all user-generated content. However, we do review reports submitted by users and may remove content at our sole discretion, including content that we believe violates these Terms. Competition owners may also remove posts, comments, and messages within their competitions.

4.4 Content Reporting

If you encounter content that violates these Terms, you may report it using the reporting feature in the App or by contacting us at support@swolly.io. We review all user-submitted reports and will take appropriate action as described in our Community Guidelines.

4.5 Appeals

If you believe your content was removed in error or your account was suspended or terminated by mistake, you may appeal the decision by emailing support@swolly.io with:

4.6 Recipes & Recipe Suggestions

Recipes you create in your personal recipe library are private by default and are not publicly visible to other users. They are not subject to the public-facing reporting and moderation processes described in Sections 4.3 and 4.4, which apply to competition posts, comments, and chat messages. The license you grant us in Section 4.1 applies to your recipe content only to the extent necessary to (a) store and display it back to you, (b) sync it across your devices, and (c) deliver it to a recipient if you explicitly share a recipe link.

If you use the "Suggest a Recipe" feature, you grant Swolly the right to review your submitted recipe and, at our sole discretion, publish it as a Swolly Official recipe with a plain-text credit attributing the recipe to your display name. We will not link to your profile or otherwise expose your identity beyond that display-name credit. You may request removal of a submitted suggestion (or removal of credit on a published recipe) at any time by emailing support@swolly.io.

We will review your appeal and respond within 14 business days. Appeals are reviewed by someone other than the person who made the original decision, where possible. Our decision on appeals is final.

5. Competitions

6. Health & Fitness Disclaimer

Swolly is not a medical device and does not provide medical advice. The App is designed for general fitness tracking and social competition purposes only. The information and features provided by Swolly, including calorie tracking, workout logging, health app integrations, and nutrition data, are for informational and motivational purposes only.

6.2 Body Image & Eating Disorders

Swolly is designed to support healthy fitness goals. We do not promote extreme dieting, excessive exercise, or unhealthy body standards. If you or someone you know is struggling with an eating disorder or body image issues, please reach out for help:

National Eating Disorders Association (NEDA)
Helpline: 1-800-931-2237
Crisis Text Line: Text "NEDA" to 741741
Website: www.nationaleatingdisorders.org

Competition features involving weight tracking are designed for general fitness goals and should not be used as a tool for extreme weight loss. If any feature of the App is negatively affecting your relationship with food or exercise, we encourage you to discontinue use of that feature and speak with a healthcare professional.

6.3 AI-Generated Content

Swolly includes an AI companion feature powered by Google's Gemini API. The AI companion can generate workout plans, meal plans, recipes, nutritional estimates, and general fitness suggestions based on information you provide.

AI-generated content is provided for informational and motivational purposes only. It is produced by artificial intelligence, not by licensed medical, nutritional, or fitness professionals. AI outputs may be inaccurate, incomplete, or inappropriate for your individual circumstances.

By using the AI companion, you acknowledge that you have read the AI data processing disclosure in our Privacy Policy (Section 2.1) and consent to the processing described therein. You must accept the in-app AI data consent dialog before your first use.

7. Privacy

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and share your information. By using the App, you consent to our data practices as described in the Privacy Policy.

8. Intellectual Property

The App and its original content (excluding user-generated content), features, and functionality are owned by Swolly LLC and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our prior written consent.

The Swolly name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Swolly LLC. You may not use these marks without our prior written permission.

9. Third-Party Services

The App integrates with third-party services including Google Firebase, Apple Health, Health Connect, Google Maps, Open Food Facts, Google Gemini API (for AI-powered fitness and nutrition suggestions), and RevenueCat (for subscription management). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

10. Account Termination

11. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any information provided through the App.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWOLLY LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.

13. Indemnification

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

14. Subscriptions & Payments

14.1 Swolly Pro

Swolly offers optional paid subscription plans ("Swolly Pro") that provide access to premium features. Subscription pricing, features, and terms are displayed in the App at the time of purchase.

14.2 Billing

All payments are processed through the Apple App Store or Google Play Store (collectively, "App Stores"). By subscribing, you agree to the applicable App Store's payment terms. We do not directly collect or process your payment information.

14.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. You can manage and cancel your subscription through your App Store account settings.

14.4 Free Trials

We may offer free trial periods for Swolly Pro. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription at the displayed price.

15. Refund Policy

All purchases, including Swolly Pro subscriptions, are processed and managed by the Apple App Store or Google Play Store. We do not process payments directly and cannot issue refunds.

15.1 How to Request a Refund

15.2 Refund Eligibility

Refund eligibility is determined solely by the applicable App Store in accordance with their refund policies. We have no ability to approve, deny, or influence refund decisions.

15.3 Cancellation

Cancelling your subscription will stop future charges but will not result in a refund for the current billing period. You will continue to have access to Swolly Pro features until the end of your current billing period.

15.4 EU/UK Residents — Right of Withdrawal

If you reside in the European Union or United Kingdom, you have a 14-day right of withdrawal from digital content purchases under the Consumer Rights Directive. However, by subscribing to Swolly Pro and accessing its features immediately, you expressly consent to the immediate provision of digital content and acknowledge that your right of withdrawal is waived once the service has begun. If a free trial is offered, your right of withdrawal applies during the trial period — you may cancel at any time before the trial ends without charge. Refund requests remain subject to the applicable App Store's policies as described above.

16. Your Data Rights

We respect your rights regarding your personal data. Depending on your location, you may have the following rights:

For full details about how we collect, use, and protect your data, please see our Privacy Policy. If you are located in the EEA, UK, or Switzerland, additional rights under the GDPR are described in Section 6.4 of our Privacy Policy.

17. Copyright & DMCA

17.1 Respect for Intellectual Property

Swolly respects the intellectual property rights of others and expects our users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law.

17.2 Filing a Copyright Complaint

If you believe that content on Swolly infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent. Your notice must include:

  1. A description of the copyrighted work you claim has been infringed
  2. A description of where the infringing material is located in the App (e.g., competition name, post details)
  3. Your contact information (name, address, phone number, email)
  4. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
  5. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf
  6. Your physical or electronic signature

17.3 Designated Agent

Send DMCA notices to:

DMCA Designated Agent
Devin Johnson, Managing Member
Swolly LLC
Lehi, UT 84043
Email: dmca@swolly.io

17.4 Counter-Notification

If you believe your content was removed by mistake or misidentification, you may submit a counter-notification to our designated agent including:

  1. Identification of the material that was removed and its location before removal
  2. A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification
  3. Your name, address, and phone number, and a statement that you consent to the jurisdiction of the federal court in your district (or in Utah if outside the US) and will accept service of process from the person who submitted the original notice
  4. Your physical or electronic signature

17.5 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had content removed from the App more than twice.

18. Dispute Resolution

18.1 Governing Law

These Terms are governed by the laws of the State of Utah, without regard to its conflict of law provisions.

18.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@swolly.io and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved this way.

18.3 Binding Arbitration

If we cannot resolve a dispute informally, you and Swolly LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the App, or any content or services provided through the App shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth in Section 18.5 below.

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, available at www.adr.org. If the AAA is unavailable, the parties shall agree on an alternative arbitration provider, or a court shall appoint one.

Arbitration will be conducted by a single arbitrator. The arbitration may be conducted in person, through the submission of documents, by phone, or online, as determined by the arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration shall take place in Salt Lake County, Utah, unless you and Swolly LLC agree otherwise or the arbitrator determines that such a location would impose an undue burden on you, in which case the arbitration may be conducted remotely or in a location closer to you.

18.4 Arbitration Fees

If you initiate arbitration, your share of the arbitration fees will be governed by the AAA Consumer Arbitration Rules. If the arbitrator finds that your claim was filed in good faith and involves an amount less than $10,000, Swolly LLC will pay all arbitration fees beyond the initial filing fee. Each party shall bear its own attorneys' fees unless the arbitrator determines otherwise.

18.5 Exceptions to Arbitration

Notwithstanding the above, either party may:

18.6 Class Action Waiver

YOU AND SWOLLY LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a class, consolidated, or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the dispute shall proceed in court.

18.7 Opt-Out Right

You may opt out of this arbitration provision and class action waiver by sending written notice to support@swolly.io within 30 days of creating your account. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the dispute will be resolved exclusively in the state or federal courts located in Salt Lake County, Utah, and you consent to personal jurisdiction in those courts.

Opting out of arbitration will not affect any other provisions of these Terms or your ability to use the App.

18.8 Survival

This arbitration provision shall survive termination of your account and these Terms.

19. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App and updating the "Last updated" date. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must stop using the App and delete your account.

20. General Provisions

21. Contact Us

If you have questions about these Terms of Service, please contact us at:

Email: support@swolly.io

Website: swolly.io

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