Terms of Service

1. About Pear

Pear is a fitness technology platform designed to make an active lifestyle more rewarding. Through Pear, users can interact with partner fitness locations, earn PearCoins through eligible check-ins, and use PearCoins within the Pear ecosystem, including marketplace-related offers, discounts, products, and services.

2. Eligibility

Pear is intended for users who are 18 years of age or older.

By using Pear, you confirm that:

• You are at least 18 years old
• You have the legal capacity to enter into these Terms
• All information you provide to Pear is true, accurate, and complete

Pear may suspend or terminate access to the platform if we believe a user does not meet these eligibility requirements.

3. Account Registration

To use certain features of Pear, you may be required to create an account.

When registering, you may be asked to provide:

• Full name
• Phone number
• Email address
• Verification information, including SMS verification codes

You are responsible for:

• Maintaining the confidentiality of your account
• Keeping your login details secure
• Ensuring that the information in your account remains accurate and up to date
• All activity that occurs under your account

Pear reserves the right to suspend or terminate accounts that contain false, misleading, or incomplete information.

4. How Pear Works

Pear allows users to:

• Check in at eligible partner fitness locations
• Participate in Pear's rewards ecosystem
• Earn PearCoins through qualifying activity
• Access marketplace-related rewards, offers, discounts, products, or services
• Interact with partner-related features made available through the app or website

Pear may add, remove, modify, or restrict features of the platform at any time.

5. QR Check-Ins and Location Verification

Pear uses QR-based check-ins and location-related verification features to support eligible rewards activity.

By using these features, you understand and agree that:

• Pear may use location-related information from your device to verify legitimate visits
• Check-ins may be reviewed or validated to prevent fraud, abuse, or misuse
• Pear may reject, reverse, or withhold rewards for check-ins that appear invalid, manipulated, duplicated, misleading, or unauthorized
• Attempting to misuse the check-in system may result in suspension or permanent removal from Pear

Pear has the right to determine, at its sole discretion, whether activity qualifies for rewards.

6. PearCoins

PearCoins are part of Pear's rewards ecosystem and may be earned through eligible activity on the platform.

Unless otherwise stated by Pear:

• PearCoins have no cash value
• PearCoins are non-transferable
• PearCoins are not redeemable for money
• PearCoins may only be used within the Pear ecosystem as permitted by Pear
• Pear may modify how PearCoins are earned, used, redeemed, limited, or expired at any time

Pear reserves the right to:

• Adjust PearCoin balances
• Reverse PearCoins earned through invalid activity
• Set limits, conditions, or expiration rules
• Remove access to PearCoins in cases of abuse, fraud, or violation of these Terms

7. Marketplace Orders, Discounts, and Partner Fulfillment

Pear may offer access to marketplace products, services, offers, or discounts through partner brands and merchants.

When you place an order through Pear:

• Your order may be fulfilled and delivered by the relevant marketplace partner
• Pear may share limited information required for fulfillment and delivery, including your name, phone number, delivery address, and order or product details
• Pear does not share full payment card details with marketplace partners

Any discounts or PearCoin-based benefits available through Pear apply only to the selling price of the product or service, unless explicitly stated otherwise. Discounts do not apply to delivery fees, shipping charges, or other separate partner-imposed costs unless clearly specified.

Each marketplace partner operates under its own:

• Delivery terms and conditions
• Payment requirements
• Fulfillment processes
• Product-specific policies

Pear is not responsible for:

• Partner inventory availability
• Delivery timelines or delays caused by partners
• Shipping fees or delivery-related charges set by partners
• Product quality issues caused by third-party sellers or partners
• Inaccurate descriptions, shipping issues, or fulfillment errors caused by third-party partners
• Partner-specific payment conditions or requirements

Users can review partner-specific information directly in the app. Each partner has its own information card in the Partners section, where relevant details such as delivery terms, payment requirements, and other applicable conditions are displayed.

8. Payments

Payments made through Pear may be processed through third-party payment providers.

Depending on the payment method:

• ⁠Payments made through a mobile wallet may be processed by the user's mobile wallet provider
• ⁠Bank card payments may be completed through the hosted payment environment or secure payment page of providers
• ⁠Pear does not require users to enter full card details directly into the app when payment is handled through those external payment environments

Partner-specific payment requirements may vary. Certain partners may apply their own payment conditions, which are shown in the app on the relevant partner's information card. Pear is not responsible for partner-specific payment terms or requirements.

Use of third-party payment services may also be subject to the relevant provider's own terms, privacy notices, and security practices.

Pear is not responsible for:

• Errors caused by third-party payment providers
• Payment failures outside Pear's control
• Delays caused by banks, wallet providers, or payment processors
• Unauthorized use caused by compromise of a third-party payment method outside Pear's systems
• Partner-specific payment rules, conditions, or restrictions

9. Partner Relationships

Pear works with fitness locations and marketplace partners, including but not limited to gyms, pilates studios, yoga studios, and brands offering products or services related to active lifestyles.

Pear may display information about these partners within the platform. However:

• Pear does not guarantee continued availability of any specific partner
• Pear may add or remove partners at any time
• Partner participation, offers, discounts, delivery conditions, and reward availability may change without notice

Users can view partner-specific details in the app through each partner's information card in the Partners section.

10. Prohibited Conduct

You agree not to:

• Use Pear for unlawful purposes
• Provide false information
• Attempt to manipulate rewards, check-ins, or PearCoin balances
• Circumvent location verification or QR validation systems
• Interfere with Pear's systems, services, or security
• Access another person's account without authorization
• Use Pear in a way that harms Pear, its users, or its partners
• Copy, scrape, distribute, reverse engineer, or misuse platform content or technology except as allowed by law

Pear may investigate suspected misconduct and take action, including suspension, account termination, reward reversal, or legal action where appropriate.

11. Account Suspension and Termination

Pear may suspend, restrict, or terminate your access to all or part of the platform at any time if:

• You violate these Terms
• You engage in fraud, abuse, or suspicious activity
• Your use of the platform creates legal, operational, or security risk
• Pear decides to discontinue or modify part of the service

You may stop using Pear at any time. Users may also delete their account directly within the app.

Termination or deletion of an account may result in the loss of access to PearCoins, rewards, order history, or other account-related features, subject to applicable law and Pear's retention obligations.

12. Intellectual Property

All content, branding, software, designs, text, graphics, logos, features, and functionality made available through Pear are owned by Pear or its licensors and are protected by applicable intellectual property laws.

You may not use Pear's name, logo, branding, software, or content without prior written permission, except as expressly allowed by these Terms.

13. Disclaimers

Pear is provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, Pear does not guarantee that:

• The platform will always be available, uninterrupted, or error-free
• All rewards, features, offers, or partner benefits will always remain available
• Marketplace listings, partner content, or delivery timelines will always be complete, accurate, or current

Pear may change, suspend, or discontinue any part of the platform at any time without prior notice.

14. Limitation of Liability

To the fullest extent permitted by law, Pear and its affiliates, founders, officers, employees, partners, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of rewards, loss of profits, or loss arising from:

• Your use of or inability to use Pear
• Partner actions or omissions
• Delivery or fulfillment issues caused by third parties
• Payment issues caused by third-party providers
• Unauthorized access to your account caused by your failure to secure your credentials
• Fraud prevention or reward validation actions taken by Pear in good faith

Nothing in these Terms excludes liability where such exclusion is not permitted under applicable law.

15. Privacy

Your use of Pear is also subject to our Privacy Policy, which explains how we collect, use, store, and share personal information.

16. Third-Party Services

Pear may include or rely on third-party services, providers, integrations, or external websites.

Pear is not responsible for the content, availability, security, policies, or practices of third-party services. Your use of those services may be governed by separate terms and privacy policies published by those providers.

17. Changes to These Terms

Pear may update these Terms from time to time.

If we make changes, we will post the updated version on our website or app and update the date at the top of these Terms. Your continued use of Pear after updated Terms become effective means you accept the revised Terms.

18. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of Georgia, unless otherwise required by applicable law.

19. Contact

If you have any questions about these Terms, please contact us at: [email protected]