Terms of Service

1. Acceptance of Terms

Welcome to PerformUp Inc. ("PerformUp," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website at https://performup.io, our mobile applications, and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

2. Description of Services

PerformUp provides AI-powered performance analysis and coaching services for recreational athletes. Our Services include:

• Personalized training guidance and recommendations
• Injury prevention strategies
• Performance analysis and insights
• Integration with fitness devices
• Conversational AI interface for performance questions
• Standardized testing protocols for various sports
• Health and medical data integration for personalized insights

3. Medical Disclaimer

IMPORTANT: PerformUp is not a medical device and is not intended to diagnose, treat, cure, monitor, or prevent any medical conditions or illnesses.

• Our Services provide general fitness and performance information for educational purposes only
• You should consult with qualified healthcare professionals before making any health-related decisions
• Our AI recommendations should not replace professional medical advice, diagnosis, or treatment
• You use our Services at your own risk regarding any health or fitness activities
• We are not responsible for any injuries or adverse health effects that may result from following our recommendations

4. User Accounts and Registration

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account. If you are under 18, you may use our Services only with parental or guardian consent and supervision.

5. Data Collection and Privacy

Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to:

• Collection of fitness and health data from connected devices
• Processing of your data through our AI systems
• Storage of your information on our secure servers
• Use of your data to provide personalized recommendations and insights

6. User Content and Data

You retain ownership of all content and data you provide to our Services ("User Content"). By submitting User Content, you grant us a limited, non-exclusive, royalty-free license to:

• Use, process, and analyze your data to provide our Services
• Store and secure your information
• Generate insights and recommendations based on your data

You represent and warrant that:

• You own or have the necessary rights to all User Content
• Your User Content does not violate any laws or third-party rights
• You have obtained all necessary consents for sharing health information

7. Prohibited Uses

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our Services
• Use our Services for any commercial purpose without our consent
• Share your account credentials with others
• Reverse engineer or attempt to extract our AI algorithms

8. Device Integration and Third-Party Services

Our Services integrate with third-party devices and platforms (such as Garmin, Apple Health, and so on). We are not responsible for:

• The availability, functionality, or accuracy of third-party devices
• Data loss or corruption from third-party integrations
• Privacy practices of third-party service providers
• Changes to third-party APIs or services that may affect our functionality

9. Subscription and Payment Terms

Free Services

We offer certain features of our Services free of charge, subject to usage limitations.

Premium Services

Premium features may require a paid subscription. By subscribing, you agree to:

• Pay all applicable fees as described at the time of purchase
• Automatic renewal of subscriptions unless canceled
• Our right to modify pricing with advance notice
• No refunds for partial subscription periods, except as required by law

Cancellation

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of your current billing period.

10. Intellectual Property Rights

Our Services, including all content, features, and functionality, are owned by PerformUp Inc. and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use our Services for personal, non-commercial purposes.

You may not:

• Copy, modify, or distribute our content
• Use our trademarks or branding
• Create derivative works based on our Services
• Remove any copyright or proprietary notices

11. Disclaimers and Limitations of Liability

AS-IS BASIS

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERFORMUP SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• DAMAGES EXCEEDING THE AMOUNT PAID BY YOU FOR OUR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM
• ANY HEALTH INJURIES OR ADVERSE EFFECTS RESULTING FROM YOUR USE OF OUR SERVICES

FITNESS AND HEALTH RISKS

You acknowledge that physical activity carries inherent risks. You assume all responsibility for:

• Determining your fitness level and capabilities
• Consulting healthcare providers before beginning any fitness program
• Any injuries or health complications that may arise

12. Indemnification

You agree to defend, indemnify, and hold harmless PerformUp Inc., its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your User Content
• Your violation of any third-party rights

13. Data Security and Breach Notification

We implement appropriate technical and organizational measures to protect your data. However, no system is completely secure. In the event of a data breach affecting your personal information, we will:

• Investigate the incident promptly
• Notify affected users within 72 hours of discovery
• Take steps to mitigate any harm
• Cooperate with relevant authorities as required

14. Termination

By You

You may terminate your account at any time by contacting us or using account deletion features in our Services.

By Us

We may terminate or suspend your access immediately, without prior notice, if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Pose a security risk to our Services
• Fail to pay subscription fees

Upon termination:

• Your right to use our Services ceases immediately
• We may delete your account and data after a reasonable retention period
• Certain provisions of these Terms will survive termination

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of Delaware, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or your use of our Services shall be resolved through:

1. Initial Contact: Good faith negotiations for 30 days
2. Mediation: Non-binding mediation if direct negotiations fail
3. Arbitration: Binding arbitration under the rules of the American Arbitration Association

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Material changes will be communicated to you via:

• Email notification (if you have an account)
• Prominent notice on our website
• In-app notification

Your continued use of our Services after changes constitutes acceptance of the modified Terms.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PerformUp Inc. regarding your use of our Services.

19. Contact Information