Terms of Use

TERMS OF USE

Last Updated: October 9, 2025

This Terms of Use (“Terms of Use”) is a binding contract between you, an individual user (“you” or “your”), and MAMA Fitness LLC dba MAMA (“MAMA,” “we,” “us,” or “our”), governing your use of the software applications that MAMA makes available for download (individually and collectively, the “App”), the related website located at www.mama.fit, and any other online properties owned or controlled by or on behalf of MAMA (collectively with the App, the “Service”).

BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IN ADDITION, WHEN VISITING OR USING CERTAIN SERVICE FEATURES, YOU MAY BE SUBJECT TO ADDITIONAL POSTED AGREEMENTS, GUIDELINES, RULES, OR TERMS OF SERVICE. ALL SUCH AGREEMENTS, GUIDELINES, RULES, OR TERMS OF SERVICE, AS THEY MAY BE AMENDED BY MAMA FROM TIME TO TIME IN ITS SOLE DISCRETION, ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE PERIODICALLY AND, IF AT ANY TIME, YOU FIND THESE TERMS OF USE UNACCEPTABLE OR YOU DO NOT HAVE AUTHORITY TO AGREE OR ACCEPT THESE TERMS OF USE, YOU MAY NOT USE THE SERVICE.

FITNESS AND HEALTH DISCLAIMER

The Service contains fitness and health-oriented information, products, and services. Everyone—regardless of the shape they are in—should consult a physician or other qualified health care provider before starting or modifying any exercise program. A physician or other qualified health care provider can help determine what type of exercise, frequency, and intensity is appropriate for each individual. Always use common sense when exercising, and stop exercising immediately if you experience shortness of breath, dizziness, discomfort, or pain.

It is your sole responsibility to use the Service prudently, to visually verify streets, roads, road signs, and directions, to remain aware of your surroundings at all times, to be attentive for unforeseen obstacles, and to ensure that the volume on your device is not raised to a level that blocks out your surroundings or damages your hearing.

MATERIAL TERMS

As provided in greater detail in these Terms of Use, and without limiting their express language, you acknowledge the following:

• The Service is licensed, not sold, to you, and you may use it only as set forth in these Terms of Use.
• You use the Service at your sole risk, and should consult with a physician or other health care professional before commencing use.
• The use of the Service may be subject to third-party terms of service and fees, such as your mobile network operator’s (“Carrier”) data charges, which are your sole responsibility.
• You consent to the collection, use, and disclosure of your personal information in accordance with MAMA’s Privacy Policy.
• We provide the App to you on an “as is” basis without warranties of any kind, and MAMA’s liability to you is limited.
• Disputes between you and MAMA will be resolved by binding arbitration. By accepting these Terms of Use, you and MAMA each waive the right to a jury trial or class action.

1. GENERAL TERMS AND CONDITIONS

A. Changes to These Terms. We may modify these Terms of Use at any time without prior notice. The revised Terms become effective upon posting unless specified otherwise. Any continued use of the Service after such changes constitutes your acceptance of the new Terms.

B. Privacy Policy. Your use of the Service is also subject to MAMA’s Privacy Policy, incorporated herein by reference.

C. Jurisdictional Issues. The Service is controlled and operated by MAMA from its offices in the State of California, USA. Access from jurisdictions where the content or practices of the Service are illegal is strictly prohibited.

D. Eligibility. The Service is not for users under 13 (or 16 in the EU) or for users previously suspended or removed. If under 13 (or 16 in the EU), you may not use the Service.

2. THE SERVICE

A. Description. The Service provides users access to workout classes and coaching for personal use. These are not substitutes for medical advice. Always consult a healthcare provider before beginning any exercise program, particularly if you have a medical condition, use medical devices, or are pregnant.

B. Mobile Services. Use of the Service through mobile devices is subject to your Carrier’s terms, restrictions, and fees, for which you are solely responsible.

3. REGISTRATION

A. Log-In Credentials. To enjoy full benefits, you must register an account (“Account”) through the App.

B. Account Security. You are responsible for all activities under your credentials. Notify support@mama.fit of any unauthorized use.

C. Accuracy of Information. You must provide accurate and current information. MAMA reserves the right to suspend or terminate your Account for violations.

4. SUBSCRIPTIONS AND PAYMENT

● Initial Payment: You must purchase a subscription to access premium features.

● Free Trials: If applicable, your card will be charged after the trial unless you cancel.

● Automatic Renewal: Subscriptions renew automatically unless canceled.

● Cancellation: You may cancel anytime; MAMA will not renew after cancellation.

● Refunds: Refunds are handled case-by-case. For Apple purchases, Apple’s refund terms apply.

● Third Party Subscriptions: Access via third-party providers may be subject to separate agreements.

5. INTELLECTUAL PROPERTY RIGHTS. All content (excluding user-generated content) is owned or licensed by MAMA and protected by intellectual property laws. You may not copy, distribute, or modify materials without written consent. “MAMA” and its associated logos are trademarks of MAMA Fitness LLC dba MAMA. All goodwill from their use belongs to MAMA.

6. USER CONTENT

A. Definition. “User Content” means any material you post, upload, or transmit through the Service.

B. License. By posting, you grant MAMA a worldwide, royalty-free, sublicensable, and transferable license to use your content for marketing, promotional, and service purposes.

C. Restrictions. Do not post unlawful, abusive, defamatory, obscene, or otherwise objectionable material. Violations may lead to account termination.

D. Ownership and Warranties. You represent that you own or control all rights to the content you submit and that it does not infringe on any third-party rights.

7. RESTRICTIONS ON USE. You agree not to:

● Copy, modify, or distribute Service materials without authorization.

● Reverse-engineer or disassemble the software.

● Post unauthorized or misleading information.

● Use the Service for commercial purposes without MAMA’s consent.

8. EXTERNAL SITES. The Service may link to external websites. MAMA is not responsible for their content or accuracy and provides such links only as a convenience.

9. FEEDBACK. By submitting feedback or suggestions, you grant MAMA a perpetual, royalty-free license to use and incorporate your feedback into its services without obligation or compensation.

10. COPYRIGHT INFRINGEMENT

A. Reporting. If you believe content infringes your copyright, send a notice to:

Designated Agent:

Email: support@mama.fit

Mail: MAMA Fitness LLC, 4000 Macarthur Blvd, #800, Newport Beach, CA 92660

B. Counter-Notice. If you believe your content was removed in error, you may file a counter-notice using the same contact details above.

You and MAMA agree:

● No jury trials or class actions.

● Each party may bring claims only in its individual capacity.

● Small claims actions and intellectual property suits may proceed in court.

12. PHYSICAL ACTIVITY DISCLAIMER. MAMA is not a healthcare provider. The App does not diagnose, treat, or prevent medical conditions. Use at your own risk. MAMA is not responsible for injuries or health issues resulting from use of the Service.

13. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES. The Service is provided “as is” and “as available.” MAMA and its affiliates make no warranties and shall not be liable for any indirect, incidental, or consequential damages. Total liability to you shall not exceed the amount you paid MAMA or $100, whichever is greater.

14. THIRD-PARTY DISPUTES. Any disputes with third parties arising from your use of the Service are solely between you and such third parties. MAMA is not responsible for third-party actions or omissions.

15. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless MAMA and its affiliates from any claims arising from your breach of these Terms, misuse of the Service, or violation of any rights of others.

16. TERM AND TERMINATION. These Terms are effective upon your first use of the Service and continue until terminated. You may terminate by deleting your account and ceasing use. MAMA may terminate your access at any time for violation of these Terms.

17. ELECTRONIC COMMUNICATIONS. By using the Service, you consent to receive communications electronically as described in the MAMA Privacy Policy.

18. GOVERNING LAW. These Terms are governed by the laws of the State of California, without regard to conflict of laws. You agree to the jurisdiction of courts in Orange County, California.

19. CONTACT US

MAMA Fitness LLC dba MAMA

4000 Macarthur Blvd, #800

Newport Beach, CA 92660

Email: support@mama.fit

Website: www.mama.fit

20. OPEN SOURCE SOFTWARE. The App may include open-source software, each subject to its own license terms.

NOTICE REGARDING APPLE

This agreement is between you and MAMA only, not with Apple. Apple is not responsible for the App or its content, and has no obligation to provide support. Apple is a third-party beneficiary of this agreement.