Terms & Conditions

Last Updated: July 20, 2026

Fun And Moving built the Fun and Moving app as a Commercial app. This SERVICE is provided by Fun And Moving (also referred to as “FAM,” “FAM, Inc.,” “we,” “us,” or “our”) and is intended for use as is.

This page sets out the Terms of Use (“TOU”) that apply when you access or use our servers, services, websites, mobile app (“App”), or any associated content or postings (together, “FAM”).

By accessing or otherwise interacting with FAM, you agree to these Terms & Conditions. If you do not agree, you are not authorized to use FAM or download the App.

The terms used in these Terms & Conditions have the same meanings as in our Privacy Policy, which is accessible at Fun and Moving unless otherwise defined in these Terms & Conditions.

Welcome to the FAM

We (FAM, Inc.) hope you find it useful. You acknowledge and agree FAM is a private site owned and operated by FAM, Inc. If you are accessing or using FAM on behalf of a business, you represent and warrant to FAM that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU.

We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use FAM. Our Privacy Policy and all other policies, site rules, and agreements referenced below or on FAM are fully incorporated into this TOU, and you agree to them as well.

License

If you agree to the TOU and (1) are of sufficient age and capacity to use FAM and be bound by the TOU, or (2) use FAM on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use FAM in compliance with the TOU; unlicensed use is unauthorized.

You agree NOT to display, “frame,” make derivative works, distribute, license, or sell content from FAM, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

Use

Unless licensed by us in a separate written or electronic agreement, you agree NOT to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with FAM, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use.

You agree NOT to copy/collect FAM content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of FAM’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse FAM’s flagging or reporting processes. You agree not to collect FAM user information or interfere with FAM.

You agree we may moderate FAM access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.

Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available FAM or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide FAM, (iii) combine or integrate FAM or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects FAM or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use FAM or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

System Requirements

You are responsible for obtaining and maintaining the hardware, software, and internet connection needed to access and use FAM. Minimum system requirements may include a supported web browser or mobile device, a stable internet connection, and sufficient storage and processing capability to stream video content.

FAM may be used on compatible computers, tablets, smartphones, smart TVs, and other supported devices. Optional connected devices or wearables (such as activity trackers or heart rate monitors) may integrate with the Services where available. Performance may vary based on your device, network quality, and operating system version.

We may update supported platforms and technical requirements from time to time. Failure to meet applicable system requirements may result in limited functionality or inability to use certain features of FAM.

Phone Number and Messaging Communications

Certain App, website, or banner features may, from time to time, allow or ask you to provide a mobile phone number. By submitting your phone number where such a feature is offered, you represent that you are the subscriber or customary user of that number and that you have authority to receive messages at that number.

Where phone verification is enabled for a feature, we may send a verification code (such as a one-time password) by SMS. If verification is completed, your phone number may be saved to your account and used for Service-related communications. Where messaging features apply, you agree that:

Verification messages, when used, are transactional and intended only to confirm your phone number for the relevant feature;
We may send automated SMS or text messages that contain fitness or wellness content, reminders, and links to videos or related Service pages;
Message frequency may vary based on your account settings, routines, program participation, and which features are enabled;
Standard message and data rates may apply from your mobile carrier; and
You are responsible for keeping your phone number accurate and, when a verification code is sent, for safeguarding that code and not sharing it with others.

Phone verification, OTP, and related SMS features may be offered on the app, website, and/or banners, and may not be available on all platforms at all times. Providing a phone number, and completing verification when requested, constitutes your consent to receive the related Service communications for that feature. You may update your phone number or communication preferences in your account where available, or contact us to request changes. Unauthorized use of another person’s phone number is prohibited.

Additional details about how we collect and use phone numbers are described in our Privacy Policy.

Liquidated Damages

You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for:

(A) collecting/harvesting FAM users’ information, including personal or identifying information — $1 per violation;
(B) publishing/misusing personal or identifying information of a third party in connection with your use of FAM without that party’s express written consent — $1,000 per violation;
(C) misrepresenting your identity or affiliation to anyone in connection with your use of FAM — $1,000 per violation;
(D) posting or attempting to post Prohibited Content — $4 per violation;
(E) sending an unauthorized/unsolicited email to an email address obtained from FAM — $25 per violation;
(F) using FAM user information to make/send an unauthorized/unsolicited text message, call, or communication to a FAM user — $500 per text/call/communication;
(G) creating a misleading or unlawful FAM account or buying/selling a FAM account — $4 per violation;
(H) abusing or attempting to abuse FAM’s flagging or reporting processes — $1 per violation;
(I) distributing any software to facilitate violations of the Use section — $1,000 per violation;
(J) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting FAM content for any purpose without our express written consent — $3,000 for each day you engage in such violations;
(K) requesting, viewing, or accessing more than 1,000 pages of FAM in any 24-hour period — $0.25 per page during the 24-hour period after the first 1,000 pages;
(L) bypassing or attempting to bypass our moderation efforts — $4 per violation.

You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief. You further agree that repeated violations of the Use section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

Fees

When you agree to sign up for our services, you authorize us to charge your account. Any tax is additional. Fees are non-refundable, except where required by applicable law.

Disclaimer & Liability

To the full extent permitted by law, FAM, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“FAM Entities”) (1) make no promises, warranties, or representations as to FAM, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide FAM on an “AS IS” and “AS AVAILABLE” basis and any risk of using FAM is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with FAM.

FAM Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to FAM, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

Fitness and exercise programs available through FAM include, but are not limited to, aerobics, resistance training, cardiovascular exercise, yoga, and balance activities. You should obtain a physical examination or medical advice before commencing a fitness program or engaging in strenuous activity. If you use FAM without obtaining a physician’s consent, you do so solely at your own risk.

Claims & Indemnity

Any claim, cause of action, demand, or dispute arising from or related to FAM (“claims”) will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any claims will be exclusively resolved by courts in Sacramento, CA (except we may seek preliminary or injunctive relief anywhere).

You agree to (1) submit to the personal jurisdiction of courts in Sacramento, CA; (2) indemnify and hold FAM Entities harmless from any claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of FAM; and (3) be liable and responsible for any claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

Trademarks

FAM, Fun and Moving, and related marks are trademarks of FAM, Inc. and may be registered with the U.S. Patent and Trademark Office and with trademark offices around the world. You may not use our trademarks without our prior written permission.

Miscellaneous

Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Users complying with prior written licenses may access FAM thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The Use, Liquidated Damages, and Claims & Indemnity sections survive termination of the TOU, and you will remain bound by those sections.

If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.

These Terms & Conditions are effective as of 2026-07-20.