Terms of Service

Terms of Service

Last Updated: January 1, 2026

Effective Date: January 1, 2026

1. Acceptance of Terms

These Terms of Service (these "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "User," or "Memver"), and Xito Technologies ("Company," "we," "us," or "our"), concerning your access to and use of the Owy's Fun mobile application, our website www.owysfun.com, educational content, hardware connectivity services, and any other media form, media channel, mobile website, or related, linked, or otherwise connected thereto (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE APP, CLICKING "I AGREE," OR REGISTERING FOR AN ACCOUNT, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

2. Important Health and Safety Disclaimer

READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY.

2.1 Not Medical Advice: The Services, including all text, video, audio, and analysis provided by Owy's Fun, are for entertainment and educational fitness purposes only. They are not intended as medical advice, diagnosis, or treatment. You should not rely on the App as a substitute for professional medical advice.

2.2 Physician Consultation: You explicitly acknowledge that participation in physical exercise activities involves risks. We strongly recommend that you (and your child) consult with a physician or healthcare professional before beginning any new fitness program for yourself or your child.

2.3 Assumption of Risk: By using the Services, you voluntarily assume all known and unknown risks associated with these activities, including but not limited to, the risk of physical injury, heart attack, muscle strains, high blood pressure, falls, and even death. You agree that your use of the App and any connected hardware (e.g., smart bikes) is solely at your own risk.

2.4 Supervision of Minors: You agree that any use of the Services by a minor (an individual under the age of 18) shall be conducted solely under the supervision of a responsible adult. You are responsible for ensuring the environment is safe, the equipment is functioning correctly, and the child is using the equipment properly.

3. Eligibility and Account Registration

3.1 Age Requirements: You must be at least 18 years years of age to enter into these Terms. If you are a parent or legal guardian of a user under the age of 18, you hereby agree to be bound by these Terms with respect to the minor's use of the Services.

3.2 Account Security: If you choose to register for an account (if applicable), you agree to provide accurate, current, and complete information. You are vital for maintaining the confidentiality of your password and account details and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Intellectual Property Rights

4.1 Ownership: Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

4.2 Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use solely as permitted by these Terms.

4.3 Restrictions: You may not:

  • Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.
  • Copy, modify, adapt, translate, or create derivative works of the App.
  • Exploit the Content for any commercial purpose (e.g., selling access to the App in a gym setting without a commercial license).
  • Remove, alter, or obscure any copyright, trademark, or other proprietary disputes notices.

5. User Conduct and Prohibited Activities

You agree not to:

  • Violate any applicable local, state, national, or international law or regulation.
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • Interfere with or disrupt the security, integrity, or performance of the Services.
  • Use any robot, spider, scraper, or other automated means to access the Services for any purpose.
  • Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service.

6. Purchases and Subscriptions

6.1 In-App Purchases: The App may offer auto-renewing subscriptions or one-time purchases ("Premium Services"). If you choose to purchase Premium Services, you agree to the pricing and payment terms as we may update them from time to time.

6.2 Payment Processing: All payments are processed through the Apple App Store. We do not store or process your credit card details directly. You are bound by the Apple Media Services Terms and Conditions.

6.3 Cancellations and Refunds:

  • Subscriptions: You may manage your subscription and turn off auto-renewal at any time by going to your iTunes Account Settings after purchase.
  • Refunds: All refund requests must be directed to Apple Support. We do not have the ability to process refunds for Apple App Store transactions directly.

7. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL XITO TECHNOLOGIES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USER OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

9. Governing Law and Dispute Resolution

9.1 Governing Law: These Terms and your use of the Services are governed by and construed in accordance with the laws of the jurisdiction in which Xito Technologies is officially registered, without regard to its conflict of law principles.

9.2 Binding Arbitration: If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

9.3 Class Action Waiver: You and the Company agree that any arbitration shall be limited to the Dispute between the Company and you individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

10. Modifications and Termination

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Services or any service to which it connects, with or without notice and without liability to you. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

11. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Xito Technologies
Email: service@owys.fun
Website: www.owysfun.com