
TERMS OF USELast updated March 12, 2026AGREEMENT TO TERMSThese Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Running Apps & Fitness Plans LLC, doing business as Endurance Apps ("Endurance Apps," "Run Photo," "we," "us," or "our"), concerning your access to and use of the https://www.runphoto.app website, the Run Photo mobile application, and any related websites, media, content, products, and services (collectively, the "Services").Run Photo is a product of, and is owned and operated by, Running Apps & Fitness Plans LLC d/b/a Endurance Apps.By accessing or using the Services, you agree that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with all of these Terms of Use, you are expressly prohibited from using the Services and must discontinue use immediately.Supplemental terms, policies, or documents that may be posted within the Services from time to time are hereby expressly incorporated into these Terms of Use by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will update the "Last updated" date when changes are made. Your continued use of the Services after any updated Terms of Use are posted constitutes your acceptance of those changes.The Services are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within that jurisdiction. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws apply.All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, a parent or legal guardian to use the Services. If you are a minor, your parent or legal guardian must read and agree to these Terms of Use before you use the Services.INTELLECTUAL PROPERTY RIGHTSUnless otherwise indicated, the Services and all source code, databases, functionality, software, website designs, text, photographs, graphics, audio, video, and other content made available through the Services (collectively, the "Content"), as well as the trademarks, service marks, logos, and trade names displayed through the Services (the "Marks"), are owned by us, controlled by us, or licensed to us, and are protected by copyright, trademark, and other intellectual property laws.The Content and Marks are provided for your personal, non-commercial use only. Except as expressly provided in these Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.Provided that you are eligible to use the Services, we grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Services for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content, and the Marks.USER REPRESENTATIONSBy using the Services, you represent and warrant that:1. you have the legal capacity to agree to these Terms of Use;
2. you will comply with these Terms of Use;
3. you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental or guardian permission to use the Services;
4. you will not access the Services through automated or non-human means except as expressly authorized by us;
5. you will not use the Services for any illegal or unauthorized purpose; and
6. your use of the Services will not violate any applicable law or regulation.If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your access to the Services and refuse any current or future use of the Services.ACCOUNTSSome parts of the Services may require you to create an account, while other parts may be available without one. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to keep that information updated.We reserve the right to suspend or terminate accounts that violate these Terms of Use or that we reasonably believe are being used in an unauthorized, unlawful, or harmful manner.FEES AND PAYMENTSome features of the Services may require payment, including one-time purchases, subscriptions, or both.You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services. You further agree to promptly update account and payment information, including email address and payment method details, so that we can complete your transactions and contact you as needed.Payments may be processed by us or by third-party payment processors, including app marketplaces such as the Apple App Store and Google Play. By making a purchase, you authorize the applicable payment processor or app marketplace to charge your selected payment method for the amount due, including any applicable taxes and fees.All prices are shown in the currency displayed at the time of purchase, and we reserve the right to change pricing at any time. We also reserve the right to correct pricing errors, even if payment has already been requested or received, and to refuse or cancel any order placed through the Services.SUBSCRIPTIONS, CANCELLATION, AND REFUNDSIf you purchase a subscription, it will continue for the subscription term you selected unless canceled in accordance with the applicable purchase platform.You may cancel a subscription at any time. Unless otherwise stated at the time of purchase, cancellation will take effect at the end of the then-current billing period, and you will retain access through the end of that paid period.Refund eligibility depends on the purchase method, applicable law, and the policies of the platform through which the purchase was made:- Apple App Store purchases are subject to Apple's billing and refund policies.
- Google Play purchases are subject to Google Play's billing and refund policies.
- Website or direct purchases may be refundable in certain cases, at our discretion or as required by law.Except where required by law or expressly stated otherwise at the time of purchase, one-time purchases are generally non-refundable.If you have billing questions or would like to request support regarding a purchase, please contact us at [email protected].SOFTWAREAny software made available in connection with the Services is licensed, not sold, to you. If the software is accompanied by a separate end user license agreement, that agreement will govern your use of the software. If there is no separate end user license agreement, then we grant you a limited, non-exclusive, revocable, personal, and non-transferable license to use the software solely in connection with the Services and in accordance with these Terms of Use.Any software and related documentation are provided "as is" without warranty of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept all risk arising from the use or performance of such software.PROHIBITED ACTIVITIESYou may not access or use the Services for any purpose other than that for which we make them available. As a user of the Services, you agree not to:1. systematically retrieve data or content from the Services to create a collection, compilation, database, or directory without our written permission;
2. make any unauthorized use of the Services;
3. use the Services to advertise or offer to sell goods or services without our prior written consent;
4. circumvent, disable, or otherwise interfere with security-related features of the Services;
5. engage in unauthorized framing of or linking to the Services;
6. trick, defraud, or mislead us or other users;
7. make improper use of our support services or submit false reports;
8. engage in any automated use of the system, including scraping, crawling, robots, or data mining, except as expressly authorized by us;
9. interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services;
10. attempt to impersonate another person or use another user's credentials;
11. use information obtained from the Services to harass, abuse, or harm another person;
12. use the Services in competition with us or for any unauthorized commercial purpose;
13. reverse engineer, decompile, disassemble, or attempt to derive source code from any part of the Services, except to the extent such restriction is prohibited by law;
14. upload or transmit viruses, malware, or other harmful material;
15. remove or alter any proprietary rights notice from any Content; or
16. use the Services in violation of any applicable law or regulation.MOBILE APPLICATION LICENSEIf you access the Services through a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on devices that you own or control, strictly in accordance with these Terms of Use.You shall not:1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
2. make unauthorized modifications to the application;
3. violate any applicable law in connection with your use of the application;
4. remove, alter, or obscure any proprietary notices;
5. use the application for any unauthorized commercial purpose;
6. make the application available over a network where it could be used by multiple users at the same time in an unauthorized manner; or
7. use the application to create a competing product or service.Apple and Android DevicesThe following terms apply when you obtain the mobile application from the Apple App Store or Google Play (each, an "App Distributor"):1. the license granted to you is limited to a non-transferable license to use the application on a device that uses the applicable operating system and in accordance with the App Distributor's usage rules;
2. we are responsible for providing maintenance and support for the application only as required by applicable law or as expressly stated by us, and each App Distributor has no obligation to provide maintenance or support services;
3. in the event of a failure of the application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor may refund the purchase price, if any, in accordance with its policies;
4. you represent and warrant that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties;
5. you must comply with all applicable third-party terms when using the application; and
6. you acknowledge that the App Distributors are third-party beneficiaries of this mobile application license and may enforce it against you.SUBMISSIONS AND FEEDBACKIf you send us any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions"), you agree that such Submissions are non-confidential and may be used by us without restriction and without compensation to you. You represent that you have the right to provide such Submissions and that our use of them will not violate any third-party rights.THIRD-PARTY WEBSITES AND CONTENTThe Services may contain links to third-party websites, services, or content. We do not control and are not responsible for any third-party websites or content, including their accuracy, availability, policies, or practices. Your use of third-party websites and services is at your own risk, and you should review the applicable terms and policies of those third parties before using them.Any transactions you enter into with third parties are solely between you and the applicable third party. We are not responsible for any loss or harm arising from your dealings with third parties.PRIVACY POLICYWe care about data privacy and security. Please review our Privacy Policy at https://runphotoprivacypolicy.carrd.co. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use by reference.The Services are hosted in the United States. If you access the Services from outside the United States, you understand and agree that your information may be transferred to, stored in, and processed in the United States.TERM AND TERMINATIONThese Terms of Use remain in full force and effect while you use the Services.We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason or for no reason, including for breach of these Terms of Use or any applicable law or regulation. We may suspend or terminate your access, delete your account, or remove any information associated with your use of the Services at any time, subject to applicable law.If your account is terminated or suspended, you may not create a new account under your name, a false name, or the name of any third party in order to evade that suspension or termination.MODIFICATIONS AND INTERRUPTIONSWe reserve the right to change, modify, or remove the contents of the Services at any time or for any reason, without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.We do not guarantee that the Services will always be available. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.GOVERNING LAWThese Terms of Use and your use of the Services are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.DISPUTE RESOLUTIONInformal ResolutionBefore initiating arbitration or court proceedings, you agree to first contact us at [email protected] and attempt to resolve the dispute informally.Binding ArbitrationIf a dispute cannot be resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Services, except for disputes expressly excluded below, shall be resolved by binding arbitration administered by the American Arbitration Association under its applicable consumer arbitration rules.You understand that, absent this provision, you may have had the right to sue in court and have a jury trial.The arbitration may be conducted in person, by telephone, by video conference, or through written submissions, as determined under the applicable arbitration rules. Any arbitration hearing that requires an in-person appearance shall take place in Boulder County, Colorado, unless the applicable rules require otherwise.ExceptionsThe following claims are not subject to binding arbitration:1. claims seeking to enforce or protect intellectual property rights;
2. claims relating to unauthorized access, misuse, piracy, theft, or invasion of privacy; and
3. claims for injunctive or equitable relief.Court VenueIf a dispute proceeds in court for any reason, or if the arbitration provision is found unenforceable as to a particular dispute, then the parties agree that such dispute shall be brought exclusively in the state or federal courts located in or serving Boulder County, Colorado, and each party consents to the personal jurisdiction and venue of those courts.
Class Action WaiverTo the fullest extent permitted by law, all disputes must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.CORRECTIONSThere may be information in the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information at any time without prior notice.DISCLAIMERTHE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AVAILABLE THROUGH THE SERVICES OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED THROUGH THE SERVICES.LIMITATIONS OF LIABILITYTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENDURANCE APPS, RUNNING APPS & FITNESS PLANS LLC, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS OF USE WILL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.INDEMNIFICATIONYou agree to defend, indemnify, and hold harmless Endurance Apps, Running Apps & Fitness Plans LLC, and our affiliates, officers, directors, employees, contractors, and agents from and against any claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:1. your use of the Services;
2. your breach of these Terms of Use;
3. your violation of any law or the rights of a third party; or
4. any fraud, misconduct, or unauthorized act by you in connection with the Services.We reserve the right, at your expense where permitted by law, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.ELECTRONIC COMMUNICATIONSVisiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.You also agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Services.MISCELLANEOUSThese Terms of Use and any policies or operating rules posted by us within the Services constitute the entire agreement between you and us regarding the Services.Our failure to enforce any right or provision of these Terms of Use shall not operate as a waiver of that right or provision. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.We may assign our rights and obligations under these Terms of Use at any time. You may not assign your rights or obligations under these Terms of Use without our prior written consent.Nothing in these Terms of Use creates any joint venture, partnership, employment, or agency relationship between you and us.CONTACT USIf you have questions about these Terms of Use or the Services, or if you would like to contact us regarding a complaint, please contact us at:Run Photo
A product of Running Apps & Fitness Plans LLC d/b/a Endurance Apps
PO Box 270333
Louisville, CO 80027
United States
[email protected]