Please read these Terms carefully. You must accept them together with the Safety Guidelines below as the final step before joining Sunup Diet.
1. Who We Are and What This Agreement Covers
Sunup Diet ("we", "us", the "Service") is operated by Aurora Dieting LLC (New York). These Terms & Conditions form a binding legal agreement between you and Aurora Dieting LLC governing your use of the website, member dashboard, pods, trackers, and any related services.
By creating an account, checking the acceptance boxes, or otherwise using the Service, you confirm that you have read, understood, and agree to these Terms, including the Safety Guidelines and Health Disclaimer. If you do not agree, do not create an account.
2. Eligibility, Age, and Mandatory Sign-Up Promises
Membership is strictly conditional. Before an account is created, you must tick every acceptance box on the sign-up form. Each tick represents a binding legal promise:
(a) Age Requirement: You confirm you are 18 years of age or older.
(b) Physician Check & Medical Consultation: You promise to speak to a medical doctor before starting or changing any exercise plan, fitness routine, diet, or weight-loss program, and to follow the medical guidance best suited for you. You acknowledge that nothing on the Service constitutes medical advice.
(c) Assumption of Risk & Liability Disclaimer: You expressly acknowledge and assume all risks associated with physical participation, exercise, and group activities. You agree that Aurora Dieting LLC disclaims all liability for any injuries, health events, medical emergencies, or damages arising from your participation.
(d) Never Alone, Never Unsafe: You promise never to train or exercise alone through the Service, and never in unsafe areas or conditions. You will meet in public, well-safe places with your pod.
(e) Safety Guidelines: You have read the Safety Guidelines and agree to follow them at every meet-up and to report anything unsafe.
(f) Conduct, Care, and Compassion: You promise never to use profanity, hurtful behavior, insults, ridicule, or harassment. You will show care and compassion for everyone in your pod, and help the group stay together regardless of anyone's pace, fitness, or ability.
(g) Intellectual Property: You agree to respect our intellectual property and not to copy, resell, republish, or reuse Sunup Diet materials, name, or branding without our prior written permission.
You agree to provide accurate information, keep your password confidential, and remain responsible for all activity under your account. One account per person. You may not impersonate another person, misrepresent your location, or create an account on behalf of someone else without their consent.
3. Pods, Member Conduct, and Fitness Activities
Pods are member-organized, in-person gatherings encompassing walking, biking, golf, tennis, pickleball, and other community fitness activities. We provide the platform that helps members find one another; we do not employ, supervise, train, screen, or background-check pod leaders or members, and we do not control what happens at a meet-up.
You agree to treat every member with respect. Harassment, discrimination, threats, body shaming, sexual advances, solicitation, spam, recruiting for other businesses, and sharing another member's private information are strictly prohibited and may result in immediate removal. You agree to report unsafe behavior through our in-app tools.
4. Health Disclaimer & Medical Advice Waiver
NOT MEDICAL ADVICE: The content, features, trackers, and information provided on Sunup Diet are for informational and community purposes only and do not constitute medical, nutritional, or health advice.
You must consult a qualified physician or medical doctor before beginning any new diet, weight-loss plan, or exercise regimen. Aurora Dieting LLC is not a medical provider. We disclaim all responsibility for any adverse health consequences, injuries, or medical conditions resulting from your participation in fitness activities or dietary changes coordinated through the platform.
5. Future Pricing, Billing, and Paid Memberships
We reserve the right to introduce fees, subscription models, or premium pricing for the Service in the future. We may implement charges for new features or transition existing, pre-existing, or promotional free memberships into paid tiers upon providing prior notice to users. Continued use of the Service after a pricing change takes effect constitutes your full agreement to the new fees and billing terms.
6. Limitation of Liability and Indemnification
To the maximum extent permitted by New York law, Aurora Dieting LLC, its operators, officers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of your use of the Service or participation in any pod or fitness activity.
You agree to indemnify, defend, and hold harmless Aurora Dieting LLC from and against any claims, liabilities, damages, judgments, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your violation of any law or rights of a third party, or your participation in physical fitness activities.
7. Governing Law, Mandatory Arbitration, and Class Action Waiver
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your participation in any pod or fitness activity shall be resolved exclusively through binding individual arbitration, rather than in court. The arbitration shall be conducted in New York, New York, under the rules of the American Arbitration Association (AAA).
Class Action Waiver: You and Aurora Dieting LLC agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
Court Jurisdiction: Any legal action or proceeding that is permitted to be heard in court (such as an application for injunctive relief or enforcement of an arbitration award) shall be brought exclusively in the state or federal courts located in New York, and you consent to the personal jurisdiction of such courts.