Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Caught: Gym Alarm mobile application (the “App”) and related services provided by Broco AI Inc. (“Caught”, “we”, “us”, or “our”). By creating an account, downloading, accessing, or using the App, you agree to be legally bound by these Terms. If you do not agree, you must not use the App.

Company Information

Broco AI Inc. is incorporated under the Canada Business Corporations Act.

Email: support@brocoai.com

Eligibility

You must be at least 16 years old to use the App. The App is not directed to, and may not be used by, anyone under 16. We do not knowingly permit registration by, or collect personal information from, anyone under 16.

If you are 16 or 17, or otherwise under the age of majority in your jurisdiction, you may use the App only with the permission and supervision of a parent or legal guardian, and that parent or legal guardian must review and agree to these Terms on your behalf. Because the App publishes user-submitted video to other users, we expect that parent or legal guardian to review any promise video before it is uploaded. A parent or legal guardian who permits a minor to use the App accepts responsibility for that minor’s use, for any content the minor uploads, and for the publication of that content under these Terms.

We may require you to confirm your date of birth before you can record or upload a promise video, and we may request additional verification at any time. Providing a false date of birth is a violation of these Terms.

If we learn that a user is under 16, we will terminate the account and delete the associated content, including any promise video. If you believe a user under 16 has registered, contact support@brocoai.com.

By using the App, you represent that you meet these requirements and that your use complies with all applicable laws in your country.

Description of Services

Caught: Gym Alarm is an accountability and habit-enforcement platform for fitness. Services may include:

• Account registration, including recording and uploading a “promise video”;
• Creating and managing a workout or gym schedule;
• Check-in verification, including AI-assisted scanning of a gym item (for example, a dumbbell) to confirm attendance;
• Alarms, reminders, and streak or progress tracking;
• A social feed where promise videos of users who missed their scheduled workouts may be displayed, and where users may react to, comment on, or “roast” that content;
• Other accountability, social, or fitness features we may add over time.

We may modify, suspend, or discontinue any part of the App at any time without prior notice.

How the App Works: The Accountability Mechanic

You acknowledge and agree that you understand the core function of the App:

1. You record a promise video. At registration, or at any later time, you record and upload a video of yourself (for example, an awkward dance, a song, or another light-hearted forfeit).
2. You set a schedule. You choose the workout sessions you commit to.
3. You check in. When you arrive at the gym, you verify your attendance through the App, including by scanning a designated item.
4. If you miss a session, your promise video may be published. If you do not check in for a scheduled session within the applicable window, the App may publish your promise video to the public in-app feed, where other users can view it, comment on it, react to it, and make fun of it.

This is the intended and advertised purpose of the App. It is not an error, a malfunction, or a breach of your privacy.

Promise Videos and Consent to Publication

By uploading a promise video, you expressly and voluntarily:

• Consent to its publication to the public in-app feed, viewable by other users of the App, if you miss a scheduled workout;
• Authorize us to store, reproduce, display, distribute, transcode, compress, thumbnail, and otherwise process that video for the purpose of operating this mechanic;
• Grant permission for your name, username, image, likeness, voice, and performance as captured in that video to be displayed to other users in connection with it;
• Acknowledge that other users may view, react to, comment on, mock, quote, or discuss the video, and that such reactions may be unflattering, sarcastic, critical, or humorous;
• Acknowledge that once content is visible to other users, it may be screen-recorded, screenshotted, copied, saved, re-uploaded, or shared outside the App by third parties, and that we cannot control, prevent, recall, or undo such redistribution;
• Acknowledge that deleting the video, your account, or the post from the App does not remove copies that other people already captured or shared elsewhere.

Do not upload anything you would not be comfortable having seen publicly and permanently. If you are not willing to have a video published, do not upload it. You control which video you record; choose accordingly.

You may delete or replace your promise video at any time before it is published, subject to the App’s scheduling and cooling-off rules. We are not obligated to prevent publication once the applicable missed-session condition has been triggered.

We reserve the right, but assume no obligation, to decline to publish, delay, blur, restrict, or remove any promise video at our sole discretion, including where we believe it may violate these Terms or applicable law.

User Content and Your Sole Responsibility

“User Content” means any video, audio, image, text, comment, username, profile information, or other material you upload, record, submit, post, or transmit through the App, including promise videos, check-in scans, and feed comments.

Ownership and Licence

You retain ownership of your User Content. By submitting User Content, you grant Broco AI Inc. a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, cache, reproduce, adapt (for formatting and technical purposes), publish, publicly display, publicly perform, and distribute that User Content for the purpose of operating, providing, securing, moderating, and improving the App, including publication of promise videos as described above. This licence continues for as long as the content remains on the App and for a reasonable period thereafter for backup, legal compliance, and dispute-resolution purposes.

Your Representations

You represent and warrant that, for every piece of User Content you submit:

• You own it or have all rights, licences, consents, and permissions necessary to submit it and to grant the licence above;
• It does not infringe or violate any copyright, trademark, publicity, privacy, contract, or other right of any person or entity;
• Every identifiable person appearing or audible in it has given informed consent to appear, to be recorded, and to have the content published to other users under these Terms;
• No person under the age of majority appears in it without the verified consent of their parent or legal guardian;
• Any music, audio, footage, logo, or other third-party material in it is used with permission or under a valid licence;
• It complies with these Terms and with all laws applicable to you.

Prohibited Content

You must not upload, record, submit, or transmit any User Content that:

• Depicts, promotes, or incites violence, physical harm, cruelty, threats, gore, or animal abuse;
• Contains sexual content, sexual activity, sexually suggestive material, nudity, partial nudity, or pornography of any kind;
• Depicts, sexualizes, endangers, or exploits a minor in any manner;
• Depicts, facilitates, glorifies, instructs, or evidences criminal activity, including illegal drugs, weapons, trafficking, fraud, theft, or any other unlawful act;
• Constitutes harassment, bullying, stalking, doxxing, hate speech, or targeting of any individual or group, including on the basis of race, ethnicity, national origin, religion, disability, sex, gender identity, sexual orientation, or age;
• Promotes self-harm, suicide, disordered eating, or dangerous or extreme fitness or dietary practices;
• Contains personal or confidential information about any person, including yourself or others, that you do not wish or are not entitled to disclose;
• Contains malware, spam, scams, phishing, deceptive material, or unauthorized advertising;
• Is defamatory, obscene, fraudulent, deceptive, or otherwise unlawful; or
• Otherwise violates these Terms, our community guidelines, applicable law, or the rules of the app marketplace through which you obtained the App.

Your Sole Responsibility and Assumption of Risk

You are solely and exclusively responsible for all User Content you upload to the App and for all consequences of uploading it.

You acknowledge and agree that:

• You choose what to record and what to upload. We do not select, script, direct, or produce your content.
• If your User Content includes or involves violence, sexual content, nudity, criminal conduct, or any other inappropriate, unlawful, or harmful material, that is your act and your responsibility alone;
• Broco AI Inc. is not responsible or liable for any claim, damage, loss, penalty, prosecution, investigation, reputational harm, emotional distress, employment consequence, relationship consequence, or other issue of any kind arising from or related to User Content you uploaded, including where that content is published, viewed, copied, or redistributed;
• You assume all risk arising from your decision to upload any content, including the risk that it will be seen by people you did not anticipate, including employers, family, classmates, colleagues, or the general public;
• You will fully indemnify us in respect of such content, as set out in the Indemnification section below.

Moderation

We may, but are not obligated to, review, screen, filter, moderate, restrict, remove, or refuse to publish any User Content, and we may use automated tools (including AI) to do so. We are not a publisher or editor of User Content and do not endorse it. Our exercise (or non-exercise) of any moderation right does not make us responsible for User Content and does not create any duty to monitor.

Reporting

If you believe User Content violates these Terms or your rights, report it using the in-app reporting function or contact support@brocoai.com with sufficient detail to identify the content. We will review reports and may take action at our discretion, including removal, account suspension, or termination, and referral to law enforcement where we believe it is warranted or legally required.

Copyright Complaints

If you believe content on the App infringes your copyright, send a notice to support@brocoai.com identifying the copyrighted work, the location of the allegedly infringing content, your contact information, and a statement of good-faith belief that the use is unauthorized. We may remove content and terminate repeat infringers.

Community Conduct and Roasting

The App includes social features where users may comment on and make fun of published promise videos. Humour and mockery are part of the intended experience. However:

• Comments and reactions are User Content and are subject to all rules above;
• Good-natured roasting is permitted; targeted harassment, threats, hate speech, sexual comments, doxxing, and content directed at a user’s protected characteristics are not;
• You are solely responsible for what you post about other users, and you may be liable for it;
• We may remove comments and suspend or terminate accounts for violations.

You acknowledge that you may be exposed to User Content from other users that you find offensive, embarrassing, inaccurate, or objectionable, and you agree that we have no liability to you for such content. Your remedy is to stop viewing it and to report it.

Check-In, Scanning, and Anti-Circumvention

Check-in verification, including item scanning, is automated and imperfect. It may rely on your device’s camera, sensors, connectivity, permissions, background execution, location services, and third-party infrastructure.

You acknowledge and agree that:

• Verification may fail, produce false positives, or produce false negatives for reasons inside or outside our control, including device settings, battery optimization, poor connectivity, lighting, hardware limitations, or AI model error;
• Alarms, reminders, and notifications may be delayed, suppressed, or not delivered by your device or operating system, and we do not guarantee that any alarm or reminder will sound or arrive;
• A missed check-in may therefore result in publication of your promise video even in circumstances you consider unfair, and you accept that risk as part of using the App;
• You must not attempt to spoof, falsify, automate, tamper with, or otherwise circumvent check-in verification, scheduling, or the publication mechanic. Doing so is a violation of these Terms and may result in immediate termination.

If you believe a publication resulted from a technical failure on our side, contact support@brocoai.com. We may, at our sole discretion, remove the post, but we are not obligated to do so and this does not create any liability on our part.

Health, Fitness, and Medical Disclaimer

Caught: Gym Alarm provides general fitness accountability tools and information for informational and motivational purposes only. The App does not provide medical advice, diagnosis, or treatment. Broco AI Inc. is not a licensed healthcare provider.

You should consult a qualified healthcare professional before beginning or changing any exercise, training, diet, or supplementation program. Never disregard professional medical advice because of information obtained through the App.

Your use of the App is voluntary and at your own risk.

Risk Acknowledgment and Health Waiver

You acknowledge that participation in fitness activities and exercise programs involves inherent risks, including but not limited to injury, illness, medical complications, or in rare cases serious harm.

By using the App, you acknowledge and agree that:

• You voluntarily assume all risks associated with exercise and physical activity undertaken in connection with the App;
• You are solely responsible for determining whether any workout, schedule, or activity is appropriate for your personal health condition;
• You must not exercise in an unsafe manner, in unsafe conditions, while injured, or beyond your capacity in order to avoid a missed check-in. No accountability feature of the App is worth your health or safety. If you are injured, ill, or unsafe, do not train — accept the consequence instead;
• You will not use the App while driving, operating machinery, or in any situation where using your device would be unsafe or unlawful;
• You have consulted or will consult with a qualified healthcare professional before beginning any new fitness program;
• To the maximum extent permitted by law, you waive and release Broco AI Inc., its directors, officers, employees, contractors, affiliates, and partners from any claims, liabilities, damages, or losses arising from or related to your use of the App, including injuries or health-related consequences.

If you experience pain, dizziness, discomfort, or medical symptoms while exercising, you should stop immediately and seek professional medical advice.

AI-Generated and AI-Assisted Content

The App uses artificial intelligence for features that may include image and object recognition during check-in, content moderation, schedule suggestions, and summaries or messages generated within the App.

AI outputs may be inaccurate, incomplete, or unsuitable for your circumstances. You acknowledge that AI outputs are automated informational responses and are not professional medical, legal, or fitness advice, and that AI-based verification and moderation are not guaranteed to be accurate. You are solely responsible for evaluating and deciding whether to rely on such outputs.

User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to provide accurate and complete information and to update it as necessary. You may not share your account, impersonate any person, or create an account on behalf of someone else without their authorization.

We may suspend or terminate accounts that violate these Terms or applicable laws.

Subscriptions and Payments

Certain features require a paid subscription. All payments are processed through Apple App Store In-App Purchases, Google Play Billing, or other authorized marketplace providers.

Billing, renewals, cancellations, and refunds are governed by the policies of the platform through which you subscribed. Broco AI Inc. does not collect or store your payment details.

Cancelling a subscription does not by itself delete your User Content or reverse a publication that has already occurred.

Acceptable Use

You agree not to use the App for unlawful purposes, attempt unauthorized access to systems or data, reverse engineer the software, scrape or bulk-download other users’ content, upload harmful or illegal content, impersonate others, harass other users, or interfere with the operation or security of the App.

We reserve the right to suspend or terminate access for violations.

Intellectual Property

All software, branding, logos, text, graphics, content, and features of the App are owned by or licensed to Broco AI Inc. and are protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without written permission.

Privacy

Our collection and handling of personal information, including videos, check-in data, and device data, is described in our Privacy Policy, which forms part of these Terms. By using the App you consent to that handling.

Third-Party Services

The App may rely on or link to third-party services, including app marketplaces, cloud hosting, analytics, notification providers, and AI providers. We are not responsible for the availability, accuracy, content, or practices of third parties, and your use of them may be subject to their own terms.

Termination

You may stop using the App and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms.

On termination, your licence to use the App ends. Content already published or already redistributed by other users may persist, and we cannot guarantee its removal from third-party copies. Provisions that by their nature should survive termination — including User Content responsibility, licences granted, disclaimers, limitation of liability, indemnification, and dispute resolution — survive.

Limitation of Liability

To the maximum extent permitted by applicable law, Broco AI Inc., its directors, officers, employees, affiliates, and partners shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from or related to your use of the App, including without limitation:

• The publication, display, viewing, copying, redistribution, or virality of any User Content, including your promise video;
• Embarrassment, emotional distress, reputational harm, or any personal, social, academic, or employment consequence arising from such publication;
• The content, comments, conduct, or reactions of other users;
• Failure, delay, or error of alarms, notifications, check-in verification, scanning, or moderation;
• Loss of data or content.

Where liability cannot be excluded under applicable law, our aggregate liability shall be limited to the greater of (a) the amount you paid us for the App in the twelve months preceding the claim, or (b) CAD $100, or the minimum permitted by applicable law.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including under applicable consumer protection legislation.

Disclaimer of Warranties

The App is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding accuracy, reliability, availability, security, moderation effectiveness, or fitness for a particular purpose.

We do not guarantee uninterrupted or error-free operation, and we do not guarantee that any alarm, reminder, check-in, verification, or publication will function as expected at any given time.

Indemnification

You agree to indemnify, defend, and hold harmless Broco AI Inc. and its directors, officers, employees, affiliates, and partners from and against any claims, damages, losses, liabilities, judgments, penalties, costs, and expenses (including reasonable legal fees) arising from or related to:

• Any User Content you upload, submit, or transmit, including content that is or is alleged to be violent, sexual, nude, criminal, infringing, defamatory, harassing, or otherwise unlawful or inappropriate;
• Any claim by a third party appearing in, referenced in, or affected by your User Content;
• Your misuse of the App;
• Your violation of these Terms; or
• Your violation of any applicable law or the rights of any person.

International Use

The App may be accessed globally. You are responsible for ensuring compliance with local laws in your jurisdiction, including laws governing recording, publication of personal images, privacy, and content.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute shall first be attempted to be resolved informally by contacting support@brocoai.com.

If a dispute cannot be resolved informally, it shall be resolved through binding arbitration in Ontario, Canada, except where prohibited by applicable consumer protection laws. To the extent permitted by law, you waive participation in class action proceedings.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

Changes to These Terms

We may update these Terms from time to time. Continued use of the App after updates constitutes acceptance of the revised Terms.

Contact

Broco AI Inc.
Email: support@brocoai.com