Terms of Service

Last Updated: 12/9/2024

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Welcome to HYBRD ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of the HYBRD mobile application, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please discontinue use immediately.

1. Eligibility and Account Registration

1.1 Eligibility:
You must be at least 13 years of age (or the minimum age requirement in your country) to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under the legal age of majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

1.2 Account Creation:
To access certain features, you may be required to create an account. You agree to provide accurate and complete information during registration and to keep this information updated.

1.3 Account Security:
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately.

2. Health and Fitness Data

2.1 Third-Party Integrations:
HYBRD may integrate with third-party APIs and platforms (e.g., Garmin, Strava, Apple Health) to collect, process, and display your health and fitness data. By enabling these integrations, you grant HYBRD permission to access and process such data. Your use of these integrations may also be subject to the terms of those third-party services.

2.2 Data Ownership:
You retain ownership of the health and fitness data you provide or that is collected through third-party integrations. By using the Service, you grant HYBRD a non-exclusive, worldwide, royalty-free license to process, analyze, and display your data to provide and improve the Service.

2.3 Data Accuracy and Availability:
Data provided through third-party integrations may be subject to interruptions, delays, or inaccuracies. HYBRD is not responsible for errors, omissions, or interruptions resulting from these third-party services.

2.4 Data Retention:
We store your fitness and health data for as long as your account remains active or as required by law. For data deletion requests, see Section 10.

3. Workout Logging and Insights

3.1 Informational Use Only:
All workout logs, estimated metrics (e.g., one-rep max), and training suggestions provided by HYBRD are for informational purposes only. They are not intended as a substitute for professional medical or fitness advice.

3.2 No Warranty of Accuracy:
While we strive for accuracy, all data and recommendations are provided “as is” and may not fully reflect your individual health, fitness level, or capabilities.

3.3 User Responsibility:
Participating in exercise involves inherent risks. You assume all responsibility for any injuries, damages, or health complications resulting from using the Service, including following training suggestions or insights.

4. User-Generated Content

4.1 User Content:
You may add workout notes, custom exercises, or share routines. You retain ownership of your content but grant HYBRD a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and display your content in connection with the Service. Public content is viewable by other users, and HYBRD has no obligation to maintain its confidentiality.

4.2 Prohibited Content:
You agree not to upload content that is offensive, defamatory, harmful, unlawful, or infringes the rights of others. HYBRD reserves the right to remove content that violates these Terms or our Acceptable Use guidelines.

4.3 No Endorsement of Content:
HYBRD does not endorse, control, or assume responsibility for any user-generated content. You understand that you may be exposed to content that is offensive, inaccurate, or otherwise objectionable, and you assume all associated risks.

5. Acceptable Use

You agree to use the Service in compliance with all applicable laws, regulations, and these Terms. You will not engage in harassment, hate speech, spam, or any activity that disrupts the Service or harms other users. HYBRD reserves the right to suspend or terminate accounts that violate acceptable use standards.

6. Gamification and Leaderboards

6.1 Fair Play:
If the Service includes leaderboards, challenges, or badges, you agree not to manipulate data or use unauthorized methods to gain an unfair advantage.

6.2 Cheating and Enforcement:
HYBRD may remove users or reset scores if we detect cheating or manipulation, at our sole discretion.

6.3 Rewards Disclaimer:
If we offer challenges, badges, or rewards, we do not guarantee their availability or value and may modify or terminate these programs at any time.

7. API and Integration Dependencies

7.1 Third-Party Services:
The Service may rely on external APIs and platforms over which HYBRD has no control. We make no guarantees about their availability, accuracy, or reliability.

7.2 Disconnection:
You may disconnect third-party integrations at any time. Doing so may limit certain Service features.

8. Fitness Safety and Medical Disclaimer

8.1 Not Medical Advice:
HYBRD is not a medical or healthcare provider. All information and recommendations are for informational purposes only. Consult a qualified professional before making significant changes to your exercise or nutrition regimen.

8.2 Assumption of Risk:
By using the Service, you acknowledge that physical activities carry inherent risks and release HYBRD from any liability related to injuries, health complications, or damages resulting from such activities.

9. AI-Generated Insights

9.1 AI Limitations:
AI-driven suggestions and predictions are based on available data and may not represent your true health or fitness status.

9.2 User Verification:
We encourage you to verify AI-driven insights with professional guidance. HYBRD is not liable for outcomes resulting from reliance on these insights.

10. Subscription and Payments

10.1 Pricing and Renewal:
If the Service offers subscriptions, all pricing, billing intervals, and automatic renewal terms will be presented at the point of purchase.

10.2 Refunds and Cancellations:
You may cancel your subscription by emailing support@hybrd.app. If you are not satisfied, you may request a refund within thirty (30) days of an initial or recurring payment. Upon receiving your request, HYBRD will process the refund. After this 30-day period, no refunds will be granted.

11. Inactive Accounts and Data Deletion

11.1 Inactive Accounts:
HYBRD may terminate or deactivate accounts that remain inactive for an extended period, as outlined in our Privacy Policy.

11.2 Data Deletion Requests:
You have the right to request the deletion of your data and account by emailing support@hybrd.app. Upon confirmation, we will delete or anonymize your personal data, subject to any legal or regulatory requirements.

12. Beta Features and Early Access

12.1 Beta Disclaimer:
Beta or experimental features are provided “as is” and may be incomplete or unstable. They can change or be removed without notice.

12.2 No Guarantee of Further Development:
HYBRD is not obligated to maintain or continue developing beta features.

13. Feedback

13.1 Use of Feedback:
Any suggestions, comments, or feedback you provide may be used by HYBRD to improve the Service without compensation.

14. Intellectual Property

14.1 HYBRD Content:
All trademarks, logos, and proprietary content are owned by HYBRD or its licensors. You may not reproduce, modify, or distribute our content without prior written permission.

15. Disclaimer of Warranties

15.1 No Warranty:
The Service is provided on an “as is” and “as available” basis. HYBRD disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

16. Limitation of Liability

16.1 Exclusion of Liability:
In no event shall HYBRD be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service.

16.2 Maximum Liability:
HYBRD’s total liability to you for any damages shall not exceed the amount you have paid to HYBRD in the six (6) months preceding the event giving rise to the claim.

17. Indemnification

17.1 Your Indemnity:
You agree to indemnify and hold HYBRD and its affiliates, officers, directors, and employees harmless from any claims, liabilities, damages, losses, or expenses arising from your use of the Service or violation of these Terms.

18. Changes to the Terms

18.1 Updates:
We may revise these Terms at any time. If we make material changes, we will provide notice through the Service or other means. Your continued use after changes become effective constitutes acceptance of the revised Terms.

19. Governing Law and Dispute Resolution

19.1 Governing Law:
These Terms shall be governed by and construed in accordance with the laws of Massachusetts, without regard to conflict of law principles.

19.2 Dispute Resolution:
Any dispute arising out of or related to these Terms shall be resolved in the courts of Massachusetts, and you consent to their personal jurisdiction.

20. Severability

If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and HYBRD regarding the Service, superseding any prior agreements.

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