Terms of Service

Effective date: March 1, 2026

These Terms of Service ("Terms") are a legal agreement between you and Silly Ventures LLC ("Aven," "we," "us," or "our") and govern your access to and use of our apps, website, TestFlight builds, and related services (collectively, the "Services"). By using the Services, you agree to these Terms and our Privacy Policy.

1. Eligibility and Accounts

• You must be at least 18 years old, or the age of majority where you live, to create an account and use paid features.
• You agree to provide accurate, current account information and keep your credentials confidential.
• You are responsible for all activity that occurs under your account.
• We may suspend or terminate accounts that violate these Terms, applicable law, or the safety and integrity of the Services.

2. Health, Safety, and Assumption of Risk

• The Services provide general fitness information only and are not medical advice, diagnosis, or treatment.
• You should consult a qualified medical professional before beginning or changing any exercise, nutrition, or wellness program.
• Physical training involves inherent risks, including serious injury, illness, or death. You knowingly and voluntarily assume all such risks arising from your participation.
• To the maximum extent permitted by law, you release and hold harmless Aven and its affiliates from claims arising out of your fitness activities and use of the Services.

3. Subscriptions, Trials, and Billing

• Certain features require a paid subscription. Pricing, billing frequency, trial terms, and taxes (if applicable) are shown before purchase.
• Subscriptions may auto-renew unless canceled before the renewal date. You authorize the applicable app store or payment provider to charge your selected payment method.
• If your subscription is purchased through Apple, Google, or another platform, billing, cancellation, and refunds are handled by that platform under its rules.
• We may change pricing or plans in the future. Any change will apply at the next renewal period after notice where required by law.

4. License and Intellectual Property

• Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial use.
• The Services, including software, designs, trademarks, and content, are owned by Aven or its licensors and protected by intellectual property laws.
• Except as explicitly permitted by law, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Services.

5. User Content

• You may submit content such as workout logs, profile information, and messages ("User Content"). You retain ownership of your User Content.
• You grant us a worldwide, non-exclusive, royalty-free license to host, process, reproduce, and display User Content as needed to operate, improve, and secure the Services.
• You represent that you have all rights needed to submit User Content and that it does not violate law or third-party rights.

6. Acceptable Use

• Do not use the Services for unlawful, harmful, harassing, or fraudulent activity.
• Do not attempt unauthorized access to systems, accounts, data, or security mechanisms.
• Do not interfere with or disrupt the Services, including introducing malware or automated abuse.
• Do not use the Services in ways that infringe intellectual property, privacy, or other rights.

7. Third-Party Services

The Services may include integrations or links to third-party services (including Apple Health and app stores). We do not control third-party services and are not responsible for their terms, privacy practices, or availability.

8. Termination

• You may stop using the Services at any time.
• We may suspend or terminate access immediately if we reasonably believe you violated these Terms or created risk for users, us, or third parties.
• Upon termination, your right to use the Services ends, but provisions that by nature should survive will remain in effect.

9. Warranty Disclaimer

To the maximum extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and that the Services will be uninterrupted, accurate, or error-free.

10. Limitation of Liability

To the maximum extent permitted by law, Aven and its affiliates, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, data, goodwill, or business interruption arising from or related to the Services.

To the extent liability cannot be fully excluded, our total aggregate liability for claims related to the Services will not exceed the greater of (a) the amount you paid to Aven for the Services in the 12 months before the event giving rise to the claim, or (b) USD $100.

11. Indemnification

You agree to defend, indemnify, and hold harmless Aven and its affiliates, officers, employees, and agents from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms or applicable law.

12. Dispute Resolution, Arbitration, and Class Action Waiver

Please contact us first so we can try to resolve disputes informally. If we cannot resolve a dispute, you and Aven agree, to the extent permitted by law, to resolve claims through final and binding individual arbitration, not in court, except for eligible small claims court matters.

You and Aven each waive any right to a jury trial and any right to participate in a class action, class arbitration, or representative proceeding.

13. Governing Law

These Terms are governed by applicable federal law and the laws of the state in which Silly Ventures LLC is organized, without regard to conflict-of-law principles, except to the extent preempted by arbitration law.

14. Changes to Services or Terms

We may modify or discontinue all or part of the Services, and may update these Terms from time to time. If we make material changes, we will provide notice as required by law. Continued use of the Services after changes become effective means you accept the updated Terms.

15. General Terms

• If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
• Our failure to enforce a provision is not a waiver of our right to do so later.
• You may not assign these Terms without our consent; we may assign them as part of a merger, acquisition, or sale of assets.
• These Terms constitute the entire agreement regarding the Services.

16. Contact

Questions about these Terms can be sent to support@sillyventures.co.