Terms of Service

1. Acceptance

These Terms of Service (“Terms”) govern your use of the deFITnitive waitlist landing page and, once launched, the deFITnitive app (together, the “Service”), operated by SOMNI GAME STUDIOS, S.L., Tax ID (CIF) B22550214, registered address at Calle Rivera Sans, 5, 43890 Vandellòs i l'Hospitalet de l'Infant, Tarragona, Spain (“SOMNI”, “we”, “us”). By creating an account or otherwise using the Service, you accept these Terms. If you are participating in the “deFITnitive Founders Challenge” promotion, the Official Rules also apply and prevail over these Terms on any point specific to that promotion.

2. The Service

deFITnitive is a competitive fitness game by SOMNI GAME STUDIOS, S.L.: real exercise, tracked through your device's camera, powers up your Blob and your position on a shared leaderboard. This site is the pre-launch waitlist for it: you can create an account, complete daily missions, and climb the leaderboard today; the full app is still in development and its features may change before release. We describe deFITnitive's current status honestly on this site rather than presenting unreleased features as already live.

3. Eligibility

You must be at least thirteen (13) years old to create an account, and must have parental or guardian authorization if you are below the legal age of majority in your country. Full detail is in Eligibility Requirements.

4. Your account

You sign in with Google or with a passwordless email link through Firebase Authentication. You are responsible for keeping access to your sign-in email or Google account secure, and for all activity under your account. Only one account per person is allowed (Official Rules, section 7). Tell us immediately at hola@somnigamestudios.com if you suspect unauthorized access.

5. Acceptable use

You agree not to: create or control more than one account; use bots, scripts or other automation to earn points, tickets or referrals; buy, sell or exchange accounts, points, Arcade Tickets or referral credit; exploit bugs instead of reporting them; impersonate another person; interfere with the Service's operation or other players' fair participation; or attempt to access data or accounts that are not yours. We may suspend or terminate accounts that breach this section, withdraw associated points or prizes, and refuse service to repeat offenders, following the anti-fraud process in the Official Rules, section 13, where the Promotion is active.

6. Referrals

Your referral link is personal and non-transferable. A referral only counts once the person you invited completes their full daily workout of five (5) exercises, and the reward for a confirmed referral is granted at most once per day. Sharing your link honestly with real people is welcome; buying referrals, spamming it, or using fake or disposable accounts to inflate your referral count is not, and any resulting points, tickets or referral credit may be withdrawn at any time (Official Rules, section 10).

7. Camera-based exercise tracking and health disclaimer

deFITnitive uses your device's camera to estimate repetitions and exercise form for gameplay purposes. It is not a medical device: it does not diagnose, treat or prevent any injury or medical condition, and does not replace the advice of a qualified healthcare professional. Exercise within your own physical capacity and stop immediately if you feel pain, dizziness or discomfort. You use the training features at your own risk. See our Privacy Policy for how camera data is handled: in short, your video never leaves your device.

8. Arcade Tickets and other virtual items

Power, Arcade Tickets, ranks, badges, Blobs and any other in-game value are virtual, have no cash value, cannot be purchased, sold, gifted or exchanged for money outside the mechanics we publish, and exist only within the Service. This does not affect the real prizes described in the Official Rules during an active Promotion, which are governed by those Rules, not by this section.

9. Intellectual property

deFITnitive, the Blob characters, and all related names, logos and artwork are the property of SOMNI GAME STUDIOS, S.L. or its licensors. We grant you a limited, personal, non-exclusive, non-transferable license to use the Service for your own non-commercial enjoyment. You may not copy, reproduce, distribute, reverse-engineer or create derivative works from the Service or its content, except as the law expressly allows.

10. Third-party services

The Service relies on third-party providers, including Google Firebase (authentication, database, hosting), Google MediaPipe (on-device pose detection) and PostHog (cookieless product analytics), plus, for participants who opt in, Brevo (email delivery) and, only if you accept advertising cookies, Meta (ad measurement, see the Cookies Policy). Their own terms and privacy policies apply to their part of the Service.

11. Disclaimers

The Service is provided “as is” and “as available”. We do not guarantee that it will be uninterrupted, error-free, or available at all times (Official Rules, section 25), and we do not guarantee any particular fitness outcome, ranking result, or prize.

12. Limitation of liability

To the maximum extent permitted by law, SOMNI is not liable for indirect, incidental or consequential damages arising from your use of the Service, or for loss of access caused by your own device, connectivity, email provider, or third-party services not attributable to us. Because the Service is free, our aggregate liability for direct damages, where liability cannot be excluded, is limited to the greater of fifty euros (€50) or the amount you have paid us, if any. Nothing in this section limits liability that cannot be excluded or limited under mandatory law, including liability arising from our own willful misconduct or gross negligence, or non-waivable consumer-protection rights.

13. Suspension and termination

You may stop using the Service and ask us to delete your account at any time by emailing hola@somnigamestudios.com. We may suspend or terminate your account for breach of these Terms, fraud, or legal requirement, following the process described in the Official Rules where a Promotion is active.

14. Changes to the Service and these Terms

We may change or discontinue features of the Service, and may update these Terms as it evolves. The version and effective date are shown at the top of this page. Continuing to use the Service after a material change takes effect means you accept it; if you do not agree, you should stop using the Service and may request account deletion.

15. Governing law and disputes

These Terms are governed by Spanish law, without prejudice to mandatory consumer-protection rules applicable where you live. Disputes will be submitted to the competent Spanish courts, respecting mandatory consumer jurisdiction rules where you qualify as a consumer. If you are an EU consumer, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

16. Contact

Questions about these Terms: hola@somnigamestudios.com.