Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Talvaya's workout tracking application and related services (collectively, the "Service"). The Service is operated by Positivseeds ("we," "us," or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you are agreeing to these Terms on behalf of that organization.

2. Beta Program Terms

Talvaya is currently in beta testing. By participating in our beta program, you acknowledge and agree:

• The Service is provided "as is" and may contain bugs, errors, or incomplete features
• Features, functionality, and design may change without notice
• Service availability is not guaranteed and may be interrupted
• Your feedback and suggestions may be used to improve the Service
• We may discontinue the beta program at any time
• Beta access may be revoked at our discretion

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 13 years old to use the Service. If you are under 18, you must have permission from a parent or legal guardian.

3.2 Account Responsibility

When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Promptly update any changes to your information
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

4. Use of Service

4.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

4.2 Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws or regulations in your jurisdiction
• Infringe upon the rights of others, including intellectual property rights
• Upload, post, or transmit any harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) to access the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, rent, or lease the Service
• Remove or modify any proprietary notices or labels

5. Content and Data

5.1 Your Content

You retain ownership of all workout data, photos, and other content you submit to the Service ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process Your Content to provide and improve the Service.

5.2 Content Responsibility

You are solely responsible for Your Content and the consequences of posting or publishing it. You represent that you have all necessary rights to Your Content and that it does not violate these Terms or any applicable laws.

5.3 Our Content

All content provided by us, including text, graphics, logos, workout suggestions, and software, is owned by us or our licensors and protected by intellectual property laws. You may not copy, modify, or distribute such content without our written permission.

6. Health and Fitness Disclaimer

You acknowledge and agree that:

• The Service provides general fitness information and tracking, not medical advice
• Workout suggestions are AI-generated and may not be suitable for your specific condition
• You should consult a physician before starting any exercise program, especially if you have health concerns
• We are not responsible for any injuries or health issues resulting from your use of the Service
• You use the Service and follow any workout suggestions at your own risk
• You should discontinue any exercise that causes pain or discomfort

7. AI-Powered Features

Our AI-powered workout suggestions are based on algorithms and your fitness data. You understand that:

• AI suggestions are not guaranteed to be accurate or suitable for your specific needs
• The AI learns from patterns but cannot account for all individual circumstances
• You should use your own judgment when following AI recommendations
• We are not liable for results or outcomes from following AI suggestions

8. Payment and Subscriptions

During the beta period, the Service is provided free of charge. When we transition to paid subscriptions, we will notify you in advance. Beta testers may receive special pricing or benefits.

Any future paid features will be subject to additional terms communicated to you at that time.

9. Termination

9.1 By You

You may terminate your account at any time by contacting us at gary@positivseeds.com. Upon termination, your access to the Service will cease, and your data will be handled according to our Privacy Policy.

9.2 By Us

We may suspend or terminate your account and access to the Service at any time, with or without cause or notice, including for:

• Violation of these Terms
• Conduct that we believe is harmful to other users or us
• Prolonged inactivity
• Legal or regulatory requirements

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected. You use the Service at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Positivseeds, Talvaya, and our officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content

13. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using the Service, you agree to our data practices as described in the Privacy Policy.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Positivseeds operates, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court. You waive any right to a jury trial or to participate in a class action.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

16.2 Severability

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

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms without restriction.

16.5 No Agency

No agency, partnership, joint venture, or employment relationship is created between you and us as a result of these Terms or your use of the Service.