Terms of Service

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. Training Plans and Programs

HYBRD may provide access to structured training plans, programs, or recommendations (collectively, "Training Plans"). Training Plans are provided for general informational and educational purposes only and are not personalized medical, fitness, or nutrition advice. They may not be appropriate for all users.

By following any Training Plan, you acknowledge and agree that:

• You assume all risks associated with physical activity and the use of Training Plans.
• HYBRD makes no guarantee regarding performance outcomes, fitness improvements, or injury prevention.
• You should consult with a physician or qualified health professional before beginning any Training Plan, especially if you have pre-existing health conditions or concerns.
• To the fullest extent permitted by law, HYBRD disclaims all liability for any injuries, health complications, or damages arising from your participation in Training Plans.

8. API and Integration Dependencies

8.1 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.

8.2 Disconnection

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

9. Fitness Safety and Medical Disclaimer

9.1 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.

9.2 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. This includes but is not limited to workout logging, insights, training plans, nutrition suggestions, and any other in-app recommendations.

10. AI-Generated Insights

10.1 AI Limitations

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

10.2 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.

11. Subscription and Payments

11.1 Pricing and Renewal

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

11.2 Refunds and Cancellations

You may cancel your subscription by emailing support@hybrd.com. 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.

11.3 Data Sharing with Apple For Refund Requests

By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple's policies and only as necessary to process your requests.

12. Inactive Accounts and Data Deletion

12.1 Inactive Accounts

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

12.2 Data Deletion Requests

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

13. Beta Features and Early Access

13.1 Beta Disclaimer

Beta or experimental features are provided "as is" and may be incomplete or unstable. They can change or be removed without notice.

13.2 No Guarantee of Further Development

HYBRD is not obligated to maintain or continue developing beta features.

14. Feedback

14.1 Use of Feedback

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

15. Intellectual Property

15.1 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.

16. Disclaimer of Warranties

16.1 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.

17. Limitation of Liability

17.1 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.

17.2 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.

18. Indemnification

18.1 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.

19. Changes to the Terms

19.1 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.

20. Governing Law and Dispute Resolution

20.1 Governing Law

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

20.2 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.

21. 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.

22. Anti-Scraping and Unauthorized Data Access

22.1 Prohibition of Automated Data Extraction

You agree not to use automated scripts, bots, crawlers, scrapers, or similar technologies to access, collect, extract, or harvest data from the Service without prior written permission from HYBRD.

22.2 Restrictions on Data Usage

Any attempt to aggregate, distribute, or resell data obtained from HYBRD, whether manually or through automated means, is strictly prohibited.

22.3 Enforcement

HYBRD reserves the right to block, suspend, or terminate any accounts, IP addresses, or access points found violating this policy. We may also take legal action against entities engaging in unauthorized data extraction.

23. Entire Agreement

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