Terms of Service

1. Agreement to Terms

By accessing or using vivaTrainer ("Service," "App," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms constitute a legally binding agreement between you and vivaTrainerregarding your use of our AI-powered fitness coaching platform.

2. Description of Service

vivaTrainer (a service by VIVANET) provides an AI-powered fitness coaching application that:

• Analyzes your exercise form through real-time video processing using your camera/webcam
• Provides personalized coaching feedback using artificial intelligence
• Offers structured training programs (beginner and intermediate) for 11 sports and activities
• Tracks your training sessions, workout completion, streaks, and progress
• Offers text-to-speech audio coaching during sessions
• Generates AI-powered personalized nutrition tips based on your profile, selected sport, and fitness goals
• Provides team/organization management features for coaches and gyms

Supported activities include: General Fitness, Strength Training, Weightlifting, Yoga/Stretching, Running Form, Boxing/MMA, Badminton, Tennis, Squash, Table Tennis, and Cricket.

3. Eligibility

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You are not prohibited from using the Service under applicable laws
• You will provide accurate and complete registration information

4. Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms or contain false information.

5. Subscription Plans and Payments

5.1 Free and Paid Plans

We offer both free and paid subscription plans. Free plans have session time limitations (1 minute per session). Premium plans unlock unlimited session time, structured training programs, personalized nutrition tips, cloud sync, session history, and other features as described on our pricing page.

5.2 Billing

• Paid subscriptions are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We may change pricing with 30 days notice
• Payments are processed securely through Stripe or Razorpay

5.3 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until then.

5.4 Refunds

Refunds may be provided at our discretion for technical issues that prevent service use. Contact atyourservice@vivanet.in for refund requests within 7 days of purchase.

6. Acceptable Use

You agree NOT to:

• Use the Service for any illegal purpose
• Violate any applicable laws or regulations
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems to access the Service (bots, scrapers)
• Transmit viruses, malware, or malicious code
• Harass, abuse, or harm other users
• Upload inappropriate, offensive, or harmful content
• Reverse engineer or decompile the Service
• Resell or redistribute the Service without authorization
• Use the Service in any manner that could damage our reputation

7. Health, Nutrition, and Safety Disclaimer

• Consult a physician before starting any exercise program or making dietary changes
• Stop exercising immediately if you experience pain, dizziness, or discomfort
• Our AI analysis may not detect all form issues or injury risks
• Nutrition tips are AI-generated and should not replace advice from qualified nutritionists or dietitians
• Users with food allergies, medical conditions, or specific dietary requirements should consult healthcare professionals
• You exercise and follow nutrition guidance at your own risk and are responsible for your safety
• We are not liable for any injuries or adverse health effects from using the Service

8. Intellectual Property

8.1 Our Property

The Service, including its original content, features, functionality, design, AI models, and branding, is owned by vivaTrainer and protected by copyright, trademark, and other intellectual property laws.

8.2 Your Content

You retain ownership of content you submit (videos, feedback). By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and analyze it solely to provide the Service.

8.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without obligation or compensation to you.

9. Third-Party Services

Our Service integrates with third-party services including:

• Google Firebase (authentication and database hosting)
• Stripe and Razorpay (payment processing)
• MediaPipe (local pose detection - runs on your device, not a cloud service)
• Groq (AI content generation - receives only generalized, non-identifying information)

Your use of cloud services is subject to their respective terms and privacy policies. Note that pose detection runs entirely on your device and video data is not transmitted to any third party.

10. Organization and Team Features

For users of our B2B features (gyms, coaches, teams):

• Organization owners are responsible for their members' compliance with these Terms
• Coaches may view training data of members who join their organization
• Members consent to data sharing within their organization upon joining
• Organization subscriptions are subject to separate enterprise agreements if applicable

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data in compliance with GDPR and DPDPA.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY or RELIABILITY of AI-generated feedback
• UNINTERRUPTED or ERROR-FREE operation
• SECURITY from all threats

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVANET AND VIVATRAINER SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Personal injury or property damage related to your use of the Service
• Any unauthorized access to or alteration of your data
• Any third-party conduct on the Service

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

14. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your content uploaded to the Service

15. Termination

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

• Breach of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Extended inactivity
• Any reason at our sole discretion

Upon termination, your right to use the Service ceases immediately. Provisions that should survive termination will remain in effect.

16. Governing Law and Disputes

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

Any disputes shall be resolved through:

1. Good faith negotiation
2. Mediation (if negotiation fails)
3. Binding arbitration in accordance with applicable arbitration rules

For EEA users, this does not affect your rights under mandatory consumer protection laws or your right to bring claims in your local courts.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or in-app notification at least 30 days before they take effect.

Continued use of the Service after changes constitutes acceptance of the new Terms. If you disagree with changes, you must stop using the Service and delete your account.

18. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and vivaTrainer.

20. Contact Information

For questions about these Terms, please contact us:

Email: atyourservice@vivanet.in