Ray Terms of Service

1. Introduction

1.1 Overview

Welcome to Ray! These Terms of Service (“Terms”) govern your access to and use of the Ray mobile application (“App”) and related services (collectively, the “Services”), provided by Ray Fitness Inc. (“Ray,” “Company,” “we,” “us,” or “our”). By accessing or using our Services, you acknowledge that you have read, understood, accept, and agree to be bound by these Terms and the Ray Privacy Policy (defined herein) (“The Privacy Policy”), which is incorporated by reference herein. If you disagree with any of these Terms, including the Privacy Policy, do not access or use our Services. 

2. Registration and Eligibility

2.1 Eligibility and Account Creation

You must be at least 18 years old to use or access our Services. Our Services are not directed at or intended for children under 18, and if we become aware that a minor is using the Services, we will delete the account and any related data. When you create an account with Ray, you agree to provide accurate and complete information and to promptly update this information should it change. You are responsible for maintaining the confidentiality of your login credentials and all activities under your account. You may not share your account with others or access another user’s account without explicit permission.

3. Subscriptions, Payments, and Cancellations

3.1 Subscription Overview

Ray operates as a subscription-based service offering monthly, multi-month, or annual billing cycles (collectively, “Subscription” or “Subscriptions”). By creating an account and choosing a Subscription, you acknowledge that your Subscription will continue indefinitely until you cancel it or until Ray terminates it in accordance with these Terms. You further authorize Ray or its third-party payment processors to charge your designated payment method on a recurring basis consistent with the billing cycle you select.

3.2 Plans & Rates

Ray typically provides a monthly Subscription model, under which you are billed each month at a fixed rate for continued access to the Services. You agree to pay the same recurring rate (the “Subscription Rate”) each billing period unless Ray modifies its pricing as described in Section 3.5. We may also offer discounted or advance-payment plans, such as annual or multi-month Subscriptions, where you commit to a longer-term in exchange for a reduced rate. Any promotional or discounted offers are generally subject to additional terms disclosed during sign-up.

3.3 Payment Methods & Processors

Ray relies on third-party processors, such as Apple (in-app purchases) and Stripe, to handle Subscription payments. Although we take commercially reasonable measures to protect your payment information, you acknowledge that Ray cannot be held liable for data breaches, security incidents, or other issues stemming from these external payment processors. By providing payment details, you represent that you have the legal right to use the designated payment method and that all information is current, accurate, and complete. If your payment details change, you must promptly update your account.

3.4 Auto-Renewal & Cancellations

All Subscriptions renew automatically at the end of each billing cycle unless you cancel before the renewal date. To avoid future charges, you must submit your cancellation request through Apple’s subscription management interface or, if applicable, the designated portal provided by our payment partners. Ray does not process manual cancellations on users’ behalf. If you are unsure how to cancel, please contact us at Help@rayfit.com before your billing cycle renews.

3.5 Price Changes & Modifications

Ray reserves the right to modify Subscription Rates or adjust features included in your plan at any time. If a material change occurs, Ray will provide reasonable notice—such as by email, push notification, or an in-app alert—before the new rate or feature set takes effect. Your continued use of the Services after receiving notice constitutes acceptance of these changes. If you do not agree to the new pricing or modifications, you must cancel your Subscription before they become effective.

3.6 Refunds & Satisfaction Guarantee

If you are not fully satisfied with your experience in a given month, Ray may offer a refund for that month’s service. To request a refund, email us at Help@rayfit.com with your account details and reason for dissatisfaction. Requests will be evaluated at our discretion, and approvals may vary based on promotional rates or other special terms. Unless otherwise stated, we generally do not provide refunds for previously charged billing cycles.

3.7 Discounts & Promotional Offers

Ray may occasionally provide coupons, promotional codes, or special discounts, which can reduce or otherwise modify your Subscription Rate for a set duration. The specific terms of each promotion—such as its length, renewal rate, and eligibility requirements—will be presented when you enroll. Ray may modify or discontinue any promotion at its sole discretion.

4. Acceptable Use & User Conduct

4.1 Acceptable Use

Ray provides its Services for personal, non-commercial purposes. You agree to use them for personal use and only in compliance with these Terms, as well as all applicable laws and generally accepted online practices. By accessing the Services, you agree to act in good faith and avoid any conduct that could harm Ray, other users, or any third parties.

4.2 Prohibited Activities

You shall not, directly or indirectly, engage in activities that violate these Terms or otherwise harm the Services. While using the Services, You shall not::

1. Access or Use in Violation of Law and/or Terms: You may not use the Services for illegal purposes or in ways that infringe on any laws or regulations or in any manner not permitted by these Terms.

2. Unauthorized Account Sharing or Access: You may not share your account or use someone else’s account without permission.

3. Reverse Engineering or Tampering: You shall not reverse engineer, decompile, or create derivative works based on any part of the App or Services.

4. Security Breaches: You may not circumvent or disable security features or exploit vulnerabilities that could disrupt the Services.

5. Malicious or Fraudulent Activity: You shall not upload malware, engage in spamming, phishing, or hacking, or otherwise attempt to defraud or mislead users.

6. Infringing or Illegal Content: You shall not publish or transmit material or otherwise use the Services in a manner that violates our and third-party intellectual property rights or the privacy of others, or that is otherwise unlawful.

7. Commercial Use/Exploitation: You may not use, resell, or exploit any part of the Services for commercial purposes and/or gain without prior written authorization.

8. Impersonation or Misrepresentation: You shall not impersonate any person or entity or misrepresent the origin of content in any way.

4.3 Enforcement

We reserve the right to investigate and take any and all appropriate action in our sole and absolute discretion—including but not limited to removing or blocking content, suspending or terminating user accounts, and working with law enforcement—if we believe you have violated this Section or any part of these Terms. Such a violation may result in immediate suspension of your access to the Services without notice or liability to you.

5. Health & Liability Disclaimer

5.1 No Medical Advice

The information and content provided through Ray, including workouts, fitness advice, and coaching, are for general informational purposes only. We do not diagnose, treat, cure, or prevent medical or health conditions, nor do we substitute for the judgment of a qualified healthcare professional. Always consult a physician or other qualified professional before starting or modifying any exercise program, diet, or wellness routine.

5.2 No Doctor-Patient Relationship

We do not provide medical advice. Your use of the Services does not create a doctor-patient or similar medical professional-patient relationship between you and Ray. Our content and any interactions with Ray staff or trainers do not replace personal, professional healthcare advice or in-person evaluations.

5.3 Exercise at Your Own Risk

All physical activities carry inherent risks. By using our Services, you acknowledge and accept that any recommended exercises, workouts, or programs are undertaken entirely at your own risk. If you feel dizzy, short of breath, pain, or experience other adverse symptoms, cease the activity immediately and consult a physician. You assume all responsibility for any injuries or harm arising from your use of the Services.

5.4 Third-Party Features & Integrations[CC1] 

Ray may integrate with third-party devices or services (e.g., wearables, analytics platforms). These integrations are outside our control, and we offer no warranties regarding their accuracy, security, or availability. Your use of any such integrations is at your own risk, and Ray disclaims liability for consequences arising from these third-party tools.

5.5 User Decisions & Liability

You alone are responsible for the decisions and results that derive from your fitness and health choices. Ray shall not be held liable for any harm, loss, or damage related to your use of the information or content we provide. We do not guarantee specific outcomes, as results vary from individual to individual.

5.6 Disclaimer of Warranties

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. We make no representations or warranties, express or implied, statutory or otherwise, with respect to the App and/or Services, including without limitation those of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or entirely secure, nor do we guarantee the content's completeness, accuracy, or timeliness.

5.7 Indemnification and  Limitation of Liability

You agree to indemnify and hold Ray, its affiliates, directors, officers, agents, and other partners and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.

You acknowledge that the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the functions of the Services meet your requirements.

We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or resale purposes.

To the extent permitted by law, Ray and its affiliates, licensors, officers, employees, or agents shall not be liable for indirect, incidental, special, exemplary, or consequential damages arising from or related to your use of the Services (including, but not limited to, lost profits, lost data, or business interruption). In no event will Ray’s total liability exceed the amount you have paid (if any) for access to the Services in the six (6) months before the incident leading to the claim.

6. Privacy & Data Use

6.1 Overview & External Privacy Policy

Ray collects and processes personal data about you when you use the Services. Details are outlined in the Ray Privacy Policy, available at [Insert Privacy Policy URL]. By using our Services, you confirm you have read and understood the Privacy Policy, and you agree to the collection and use of your information as described. If you do not agree, you must discontinue using our Services.

6.2 Types of Data Collected

Depending on your interactions with Ray, we may collect information such as your name, contact details, payment data, device usage data, workout history, and other personal information you provide. This data helps us personalize the Services, maintain security, and communicate with you about your account. You acknowledge that you provide your personal information at your own risk.

6.3 How We Use Your Data

We may use collected data for various business purposes, including but not limited to:

         •       Tailoring workouts and suggesting relevant features.

         •       Processing payments, handling refunds, or offering promotions.

         •       Monitoring for suspicious activity and enforcing our Terms.

         •       Sending updates, technical notices, or marketing materials (where law permits).

6.4 Sharing Your Information

We share information with trusted third parties as needed for service operations, such as payment processors or analytics providers, or as required by law. In the event of a merger or acquisition, your information may be transferred to the new entity under confidentiality protections.

6.5 Data Retention & Deletion

We generally keep your data for as long as your account remains active and/or as legally required. To request deletion, contact Help@rayfit.com.

6.6 User Rights & Choices

Depending on your jurisdiction, you may have rights concerning your personal data (access, correction, deletion). Consult our Privacy Policy or email Help@rayfit.com for details.

6.7 No Data Sales

Ray does not sell your data to third parties. Any sharing of data with service providers is solely for legitimate operational or improvement purposes.

7. Third-Party Services & Integrations

7.1 Overview

Our App and Services may integrate with third-party platforms, devices, or services, including payment processors (e.g., Apple, Stripe), wearable devices (e.g., Apple Watch), and analytics/content providers (“Third Party Services.”) Each operates under its own policies, including privacy policies, and you acknowledge that your interactions with them are at your own risk.

7.2 Data Security and Privacy

Though Ray takes precautions to protect data transfers between us and these third parties, we cannot control what happens once your data is with them. Any unauthorized disclosure or breach by a third party is beyond Ray’s control, and we disclaim liability for such incidents.

7.3 Service Disruptions and Limitations

Ray does not guarantee uninterrupted availability or reliability of third-party services. Downtime, outages, or performance issues on a third-party platform may impact your ability to use certain features. Ray is not liable for losses resulting from such disruptions.

7.4 Independent Third Parties

References to external integrations do not indicate endorsement. We do not assume responsibility for third-party offerings. Any interactions, data exchanges, or transactions with such third parties are strictly between you and them.

7.5 Changes in Integrations

Ray may alter or discontinue any integration, especially if the third party ceases operation or changes terms. We will strive to give notice if such changes materially affect your experience but are not obligated to maintain any specific integration.

7.6 Disclaimer of Liability

To the extent allowed by law, Ray disclaims all liability for harm, loss, or damage arising from or related to your use of any third-party services, devices, or content. This includes claims based on failures or security breaches of third-party providers.

8. Term & Termination

8.1 Term

These Terms become effective the moment you first use or access the Services and continue unless terminated earlier as described herein.

8.2 Termination by You

You may terminate your Subscription and close your account at any time by following the instructions outlined in Section 3.4 or contacting Help@rayfit.com. Unless local law requires otherwise or these Terms specify, your Subscription ends after the current billing cycle, and unused time is generally not refunded unless Section 3.6 applies.

8.3 Termination by Ray

Ray may suspend or terminate your Subscription or account without notice in our sole discretion if we believe you have violated these Terms, engaged in unlawful conduct, or posed liability risks. If termination is due to your breach, refunds may not be offered, and your account data may be deleted immediately.

8.4 Effect of Termination

Upon termination, your right to access the Services ceases. Any fees or charges you incurred before termination remain due. Provisions naturally intended to survive—like disclaimers of warranty and limitations of liability—will still apply post-termination.

8.5 Continuing Obligations

Ending your account does not free you from paying outstanding fees or settling unresolved matters. Ray may retain aggregated or de-identified data for legitimate business reasons in line with our Privacy Policy.

8.6 Refunds & Outstanding Amounts

If you cancel in compliance with these Terms and qualify for a refund under Section 3.6, we will issue it accordingly. Any unpaid amounts remain your responsibility.

8.7 No Future Use

If we terminate your account due to violations, you agree not to re-register or attempt to access the Services without our express permission. Ray may refuse service to individuals linked to past violations.

9. Dispute Resolution & Governing Law

For any disputes, you agree to try to resolve the dispute informally by contacting help@rayfit.com. Most user concerns can be resolved quickly and to your satisfaction through email.

9.1 Agreement to Arbitrate

All disputes, controversies, or claims arising out of or relating to these Terms or the Services (“Dispute”) shall be resolved solely through binding arbitration as described herein rather than in court. You understand and agree that you waive your right to a trial by jury and to participate in class or representative actions.

9.2 Exceptions & Small Claims

Despite Section 9.1, you may file an individual claim in small claims court if it meets the necessary criteria. Ray also has the right to seek injunctive relief in a court of competent jurisdiction to protect intellectual property or proprietary rights.

9.3 Arbitration Body & Applicable Rules

Unless otherwise agreed, the American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules (the “AAA Rules”). If AAA is unavailable, the parties will choose an alternate forum or have a court appoint an arbitrator. The AAA Rules can be found at www.adr.org or by calling 1-800-778-7879.

9.4 Arbitration Location & Procedure

Arbitration will generally take place in Delaware, unless both parties agree otherwise. For claims under $10,000, you can elect in-person, telephonic, video-based, or document-only arbitration. For larger claims, the AAA Rules determine hearing rights. The arbitrator may allow limited discovery in keeping with expedited arbitration.

9.5 Class Action & Jury Trial Waiver

Both you and Ray agree to resolve disputes solely on an individual basis. You will not bring or join any class, collective, or representative lawsuit against us, nor will you request a jury trial. An arbitrator may not consolidate multiple individuals’ claims or oversee any class action.

9.6 Arbitrator’s Authority & Decision

The arbitrator has the exclusive power to determine the enforceability of this arbitration agreement. They must apply Delaware law and honor relevant statutes of limitations. Their written decision will outline findings and conclusions, and judgment on the award may be entered in a suitable court.

9.7 Fees & Cost Allocation

Arbitration costs follow AAA Rules. If those costs become prohibitive for you, Ray may cover a portion or all of the fees at the arbitrator’s discretion. Unless the arbitrator finds otherwise under a specific statute or AAA rule, each party bears its own attorneys’ fees.

9.8 Opt-Out Right

You can opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing Help@rayfit.com with “Arbitration Opt-Out” in the subject line. Your notice must include your name, address, and an unequivocal statement opting out. If you opt-out, this arbitration provision does not apply, but all other Terms remain effective.

9.9 Governing Law

These Terms and any Dispute are governed by Delaware law without respect to conflict-of-law principles.

10. Changes to the Terms

We may modify these Terms as needed. If any changes materially affect your rights, we will notify you by email and/or through the App. Your continued use of our Services after such notice means you accept the updated Terms. If you do not agree, you must stop using the Services.

11. No Inadvertent Waiver.

The failure of Ray to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

12. Severability.

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force.

13. Intellectual Property Rights.

We own all intellectual property rights to the App and Services, including content, design, and functionality and all modifications and enhancements thereof. You are granted a limited, non-exclusive license to use the app and its content pursuant to the Terms. All rights not expressly granted are reserved by Us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

14. Contact Us

If you have questions or need support regarding these Terms, please contact help@rayfit.com.