TERMS OF SERVICE

Last Updated: February 16, 2025

Beta Notice

These Terms & Conditions apply to a beta version of the Splyts service. Features, functionality, and these terms may change at any time. By using the beta, you acknowledge and accept that the service and these terms may be updated.

1. ACCEPTANCE OF TERMS

By accessing or using Splyts ("Service", "App", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. DESCRIPTION OF SERVICE

Splyts is a fitness and health traacking application that:

  • Tracks and analyzes workout sessions and activities

  • Collects and displays health metrics from connected devices (Apple Watch, fitness sensors)

  • Provides AI-powered fitness coaching and insights

  • Enables social features including friend connections

  • Integrates with third-party services (e.g., Strava)

  • Provides data visualization and analysis tools

The Service is available through our web application and mobile applications for iOS and watchOS.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Age Requirement

You must be at least 18 years old to use the Service. If you are under 18, you may only use the Service with the consent and supervision of a parent or legal guardian.

3.2 Account Creation

  • You must provide accurate, current, and complete information during registration

  • You are responsible for maintaining the confidentiality of your account credentials

  • You are responsible for all activities that occur under your account

  • You must notify us immediately of any unauthorized use of your account

3.2.1 Local Credential Storage

The web application may offer optional features to store your login credentials locally on your device for convenience:

  • Email Storage: Your last-used email address may be stored locally to pre-fill the login form. This is done automatically for convenience.

  • Password Storage: If you choose to enable the "Remember Password" feature, your password will be encrypted and stored locally on your device. This feature is optional and requires your explicit consent.

  • Your Responsibility: You are responsible for:

  • Securing your device and browser to prevent unauthorized access to stored credentials

  • Not using the "Remember Password" feature on shared or public devices

  • Clearing stored credentials if you suspect unauthorized access to your device

  • Understanding that stored credentials are device-specific and will not be available on other devices

  • Security: While we use industry-standard encryption (AES-256-GCM) for password storage, you acknowledge that no method of storage is 100% secure and you use this feature at your own risk.

3.3 Account Approval

New accounts are subject to approval by Splyts administrators. We reserve the right to approve or deny any account registration at our sole discretion. Accounts may be placed in "pending" status until approved.

3.4 Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

  • Violation of these Terms

  • Fraudulent, abusive, or illegal activity

  • Non-payment of fees (if applicable)

  • Any other reason we deem necessary to protect the Service or other users

4. SUBSCRIPTIONS AND PAYMENTS

4.1 Subscription Plans

Splyts may offer subscription plans with varying features and pricing. Subscription details, including pricing and features, are displayed at the time of purchase.

4.2 Payment Terms

  • Payments are processed through third-party payment processors (e.g., Stripe, Apple In-App Purchase)

  • You agree to provide valid payment information

  • Subscription fees are charged in advance on a recurring basis (monthly, annually, etc.)

  • All fees are non-refundable except as required by law or as stated in our refund policy

4.3 Automatic Renewal

Subscriptions automatically renew unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings or through the App Store/Play Store.

4.4 Price Changes

We reserve the right to modify subscription prices at any time. Price changes will not affect your current subscription period but will apply to subsequent renewal periods. We will notify you of price changes in advance.

4.5 Refunds

Refund policies vary by platform:

  • Apple App Store: Refunds are subject to Apple's refund policy

  • Web/Stripe: Refunds may be available within 30 days of purchase, subject to our discretion

5. HEALTH DATA AND MEDICAL DISCLAIMER

5.1 Not Medical Advice

THE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. The Service provides fitness and health tracking tools for informational purposes only.

5.2 Not a Medical Device

Splyts is not a medical device and is not intended for use in the diagnosis, treatment, or prevention of disease. Data provided by the Service should not be used as a substitute for professional medical advice, diagnosis, or treatment.

5.3 Consult Healthcare Providers

Always seek the advice of your physician or other qualified health provider with any questions regarding a medical condition or before starting any exercise program.

5.4 Data Accuracy

While we strive for accuracy, health and fitness data may contain inaccuracies due to device limitations, sensor errors, or other factors. We do not guarantee the accuracy, completeness, or reliability of any data provided by the Service.

6. USER CONTENT AND DATA

6.1 Your Content

You retain ownership of all data, content, and information you upload or create through the Service ("User Content").

6.2 License to Use Your Content

By using the Service, you grant Splyts a worldwide, non-exclusive, royalty-free license to:

  • Store, process, and display your User Content

  • Use your User Content to provide and improve the Service

  • Generate aggregated, anonymized data for analytics and service improvement

6.3 Prohibited Content

You agree not to upload, post, or transmit any User Content that:

  • Is illegal, harmful, or violates any applicable laws

  • Infringes on intellectual property rights

  • Contains viruses, malware, or other harmful code

  • Is defamatory, harassing, or abusive

  • Violates privacy rights of others

6.4 Data Deletion

You may delete your account and associated data at any time through account settings. Deletion may take up to 30 days to complete. Some data may be retained as required by law or for legitimate business purposes.

7. THIRD-PARTY SERVICES

7.1 Integrations

The Service may integrate with third-party services (e.g., Strava, Apple HealthKit). Your use of third-party services is subject to their respective terms of service and privacy policies.

7.2 Third-Party Links

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of third-party services.

8. INTELLECTUAL PROPERTY

8.1 Our Rights

The Service, including all software, designs, text, graphics, and other content, is owned by Splyts or its licensors and is protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms.

8.3 Restrictions

You may not:

  • Copy, modify, or create derivative works of the Service

  • Reverse engineer, decompile, or disassemble the Service

  • Remove or alter any copyright, trademark, or proprietary notices

  • Use the Service for any commercial purpose without our written consent

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

9.1 Service Provided "As Is"

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, OR NON-INFRINGEMENT.

9.2 No Guarantees

We do not guarantee that:

  • The Service will be uninterrupted, secure, or error-free

  • Defects will be corrected

  • The Service will meet your requirements

  • Local credential storage features will function in all browsers or on all devices

9.3 Limitation of Liability

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

9.4 Maximum Liability

Our total liability to you for any claims arising from the Service shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100, whichever is greater.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Splyts, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of:

  • Your use of the Service

  • Your violation of these Terms

  • Your violation of any rights of another party

  • Your User Content

11. TERMINATION

11.1 Termination by You

You may terminate your account at any time by deleting your account through account settings.

11.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for:

  • Violation of these Terms

  • Fraudulent or illegal activity

  • Non-payment (if applicable)

  • Extended inactivity

  • Any other reason we deem necessary

11.3 Effect of Termination

Upon termination:

  • Your right to use the Service immediately ceases

  • We may delete your account and data (subject to data retention requirements)

  • Provisions that by their nature should survive termination will survive

12. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Material changes will be notified to you via email or through the Service. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Nova Scotia, Canada, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through:

  • Good faith negotiation

  • Class action waiver: You agree to resolve disputes individually and waive any right to participate in class actions

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms constitute the entire agreement between you and Splyts regarding the Service and supersede all prior agreements.

14.2 Severability

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

14.3 Assignment

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

14.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

14.5 Contact Information

For questions about these Terms, please contact us at:

  • Email: info@splyts.com

  • Website: www.splyts.com

15. APPLE-SPECIFIC TERMS

If you access the Service through an Apple device:

  • These Terms are between you and Splyts, not Apple

  • Apple is not responsible for the Service or its content

  • Apple has no obligation to provide support for the Service

  • If the Service fails to conform to any applicable warranty, you may notify Apple for a refund

  • Apple and its subsidiaries are third-party beneficiaries of these Terms

By using Splyts, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.