Last Updated: April 30, 2026
Operator
XPire (the "Service") is operated as an individual sole proprietorship based in Italy (the "Operator", "we", "our", or "us"). You can reach us at hello@xpireapp.com. Where the Operator is later replaced by a registered legal entity, this section will be updated with the entity's legal name, registered address, and tax identification number.
1. Introduction
Welcome to XPire! These Terms of Service ("Terms") govern your use of the XPire mobile application and website at https://xpireapp.com (collectively, the "Service"). By accessing or using XPire, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
XPire is a fitness tracking application that gamifies your workout journey through XP points, country conquests, social features, and leaderboards. Please read these Terms carefully before using our Service.
2. Account Terms
Age Requirements
You must be at least 13 years old to use XPire (or such higher minimum age as required by your local law, e.g. 16 in some EEA jurisdictions). If you are under 18, you must have your parent or guardian's permission to use the Service. By using XPire, you represent and warrant that you meet these age requirements.
Account Responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Accurate Information
You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3. User Generated Content
Your Content
XPire allows you to post, upload, and share content including photos, videos, stories, workout posts, profile information, comments, and messages ("User Content"). You retain ownership of your User Content.
License to XPire
By posting User Content, you grant XPire a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely as needed to operate, promote, and improve the Service. This licence ends when you delete your User Content or your account, except where retention is required for backup, legal, or moderation purposes.
Content Warranties & Indemnity
You are solely responsible for your User Content. You represent and warrant that:
You own or have the necessary rights to use and authorize XPire to use your User Content
Your User Content does not violate the privacy, publicity, copyright, trademark, or other rights of any person
Your User Content does not contain false, misleading, defamatory, or deceptive information
Your User Content complies with all applicable laws and these Terms
You agree to indemnify and hold the Operator harmless from any third-party claim arising from your User Content, including intellectual-property claims.
Notice and Action (EU Digital Services Act)
In accordance with the EU Digital Services Act (Regulation (EU) 2022/2065), if you believe content on XPire is illegal or violates these Terms, you can submit a notice to hello@xpireapp.com including: (i) the URL or location of the content, (ii) a clear explanation of why it is illegal or infringing, (iii) your name and contact details, and (iv) a good-faith statement. We will review and act on valid notices without undue delay and notify both the reporter and the affected user of the outcome.
Content Moderation
XPire reserves the right, but has no obligation, to monitor, review, restrict, or remove User Content at our sole discretion, including content that violates these Terms or that we find objectionable. We may also suspend or terminate accounts of repeat infringers.
4. Acceptable Use Policy
You agree not to use XPire to:
Harass, bully, intimidate, or threaten other users
Post hate speech, discriminatory content, or content promoting violence or terrorism
Share illegal content or content that promotes illegal activities
Post spam, misleading content, or unauthorized commercial communications
Impersonate any person or entity, or falsely claim affiliation with any person or entity
Infringe on intellectual property rights of others
Upload viruses, malware, or other malicious code
Attempt to hack, exploit, reverse-engineer, or compromise the Service's security
Cheat, manipulate, falsify, or automate fitness data, GPS data, XP points, or workout records
Create multiple accounts for deceptive or abusive purposes
Collect, scrape, or harvest user data without authorization
Interfere with or disrupt the Service, servers, or networks
Post sexually explicit, pornographic, or child-endangering content
Violate any applicable laws or regulations
5. Subscription Terms
Subscription Tiers
XPire offers free and paid subscription tiers (Silver, Gold, and Platinum). Paid subscriptions provide access to premium features as described in the app at the time of purchase.
Billing and Renewal
Paid subscriptions are billed in advance on a recurring basis (weekly, monthly, or annually, depending on the plan). Your subscription will automatically renew at the then-current price unless you cancel it at least 24 hours before the end of the current billing period. Billing is handled by Apple App Store or Google Play Store, in accordance with their terms.
Cancellation
You may cancel your subscription at any time through your device's app store settings (Apple App Store or Google Play Store). Cancellation takes effect at the end of the current billing period. Except where required by law, no refunds are provided for partial billing periods. Refund requests are handled by the relevant app store under their refund policy.
EU Right of Withdrawal (14 Days)
If you are a consumer resident in the European Union, you have a 14-day right of withdrawal under EU Directive 2011/83/EU (the Consumer Rights Directive) for digital subscriptions, starting on the day of purchase. However, by purchasing a subscription and starting to use the premium features immediately, you expressly request immediate performance of the contract and acknowledge that you lose your right of withdrawal once the digital service has been fully provided, in accordance with Art. 16(m) of the same Directive. To exercise the right of withdrawal where it still applies, contact hello@xpireapp.com within 14 days of purchase. Refunds for app-store purchases must in any case be requested through the app store that processed the transaction.
Price Changes
We reserve the right to change subscription prices. Price changes will be communicated in advance and will apply to subsequent billing periods only. You may cancel before the new price takes effect.
6. Fitness, Health & GPS Safety
Not Medical Advice
XPire is a fitness tracking and gamification app. It is not a medical device, healthcare provider, or substitute for professional medical, nutritional, or fitness advice. Calorie estimates, fitness levels, training suggestions, recovery times, distance and pace measurements, and any other metrics displayed in the App are estimates for informational purposes only and may be inaccurate.
Consult a Doctor
You should consult a qualified healthcare professional before starting any new exercise program, changing your diet, or relying on the App's metrics — especially if you have a medical condition, are pregnant, are recovering from an injury, are over 35, or have not exercised regularly. If you experience pain, dizziness, shortness of breath, chest discomfort, or any other unusual symptom, stop exercising immediately and seek medical attention.
Assumption of Risk
You understand that physical exercise — including running, walking, cycling, gym workouts, and all other activities tracked by the App — carries inherent risks of injury, illness, and in extreme cases death. By using the Service, you knowingly and voluntarily assume all such risks.
Outdoor & GPS Activities
When using GPS workout tracking outdoors, you are solely responsible for your own safety and your surroundings, including but not limited to: traffic, road conditions, terrain, weather, wildlife, water, altitude, visibility, crime, and getting lost. You agree to obey all traffic laws, stay aware of your environment, and avoid using the App in a way that distracts you from hazards. Do not look at your screen while crossing roads, riding a bike, or in any unsafe situation.
Release of Liability
To the maximum extent permitted by law, you release the Operator from any and all liability, claims, demands, and damages — including for injury, illness, property damage, or death — arising out of or related to your use of the Service or any physical activity tracked or suggested by it.
Mandatory Legal Carve-out
Nothing in this section limits or excludes any liability that cannot be limited or excluded under Italian or EU law, including liability for gross negligence, willful misconduct, or death or personal injury caused by our negligence. If you are a consumer, your statutory rights under the Italian Consumer Code (Codice del Consumo, Decreto Legislativo n. 206/2005) and any other mandatory consumer protection law of your country of residence remain unaffected.
7. No Professional Advice
Information provided in the App — including AI-generated suggestions, training plans, motivational messages, calorie estimates, leaderboard insights, and notifications — does not constitute medical, fitness-training, nutritional, psychological, financial, or legal advice. Always consult an appropriately qualified professional before acting on any information provided by the Service.
8. Account Termination
Termination by You
You may delete your account at any time through the app settings. Upon deletion, your account and associated data will be permanently removed in accordance with our Privacy Policy.
Termination by XPire
We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we reasonably believe:
Violates these Terms or our Acceptable Use Policy
Is harmful to other users, third parties, or the Service
Is fraudulent, abusive, or illegal
May create liability for the Operator
Immediate Termination
Severe violations — including harassment, illegal activity, fraud, cheating, or security breaches — may result in immediate account termination without warning.
Appeals
If you believe your account was terminated in error, you may contact us at hello@xpireapp.com to appeal the decision. We will review appeals on a case-by-case basis.
9. Intellectual Property
XPire's Rights
The Service, including its original content, features, functionality, design, and branding (excluding User Content), is and will remain the exclusive property of the Operator and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws.
Trademarks
"XPire," the XPire logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Operator. You may not use such marks without our prior written permission.
Feedback
Any feedback, suggestions, or ideas you provide about the Service may be used by the Operator without any obligation to you.
10. Copyright Infringement Notices (DMCA / EU)
We respect the intellectual property rights of others and expect users to do the same. If you believe that content on XPire infringes your copyright, please send a notice to hello@xpireapp.com with the following information (consistent with the U.S. Digital Millennium Copyright Act and the EU Digital Services Act):
Identification of the copyrighted work claimed to have been infringed
Identification of the infringing material and its location in the Service (URL or screenshot)
Your contact information (name, email, address, phone)
A statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law
A statement, under penalty of perjury, that the information is accurate and that you are the rights owner or authorized to act on its behalf
Your physical or electronic signature
If we remove your content based on a notice and you believe the removal was wrong, you may submit a counter-notice to the same address with the corresponding statements. We will terminate the accounts of repeat infringers in appropriate circumstances.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
The Service will be uninterrupted, timely, secure, or error-free
Results from using the Service (including GPS distance, calories, or fitness metrics) will be accurate or reliable
Any errors in the Service will be corrected
Nothing in this section limits or excludes any warranty or right that cannot be limited or excluded under Italian or EU consumer-protection law. Consumers retain all statutory legal guarantees provided by the Italian Consumer Code.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT SHALL THE OPERATOR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO XPIRE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED EURO (€100), WHICHEVER IS GREATER.
The Operator is not responsible for the actions, content, or data of other users or third parties. You release the Operator from all claims and damages arising out of or in any way connected with disputes with other users.
Mandatory carve-out: Nothing in these Terms excludes or limits liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited under applicable law. If you are a consumer in the EU, your statutory rights under mandatory consumer law are not affected by these Terms.
13. Force Majeure
The Operator is not liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, civil unrest, government action, internet outages, telecommunications failures, or outages or changes by third-party providers (including Supabase, Cloudflare, OneSignal, RevenueCat, Apple, Google, or Despia).
14. Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the Operator and its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of another person.
15. Governing Law & Dispute Resolution
Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Jurisdiction
Subject to the EU consumer carve-out below, the courts of Italy shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.
EU Consumer Protection
If you are a consumer resident in the European Union, the choice of Italian law above does not deprive you of the protection of mandatory provisions of the law of your country of residence (Article 6(2) of Regulation (EC) No 593/2008, "Rome I"). You may also bring proceedings against us in the courts of your country of residence, and we may bring proceedings against you only in the courts of your country of residence (Article 18 of Regulation (EU) No 1215/2012, "Brussels I bis").
Online Dispute Resolution (EU)
The European Commission provides an online dispute resolution platform, available at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board, but EU consumers may submit complaints via the ODR platform.
Informal Resolution First
Before filing any legal claim, you agree to try to resolve any dispute informally by contacting us at hello@xpireapp.com. We will attempt to resolve the dispute through good-faith negotiations within 60 days.
Time Limitation
To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred. This time limit does not apply where mandatory consumer law provides for a longer period.
16. Third-Party Services
The Service integrates with third-party providers (including Supabase, Cloudflare, MapLibre, PostHog, OneSignal, RevenueCat, Google AdMob, Apple App Store, Google Play Store, Resend, and Despia). We do not control these third parties and assume no responsibility for their content, terms, or practices. Your use of those services may also be governed by their own terms.
17. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the app or by other reasonable means at least 30 days before they take effect (where required by law). Your continued use of the Service after the changes take effect constitutes your acceptance of the revised Terms. If you do not agree, you may stop using the Service and delete your account.
18. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable, preserving the parties' original intent.
19. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Operator regarding the Service and supersede all prior agreements and understandings.
20. Contact Us
If you have any questions about these Terms of Service, please contact us:
Operator location: Italy
Email: hello@xpireapp.com
Website: https://xpireapp.com