Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the Aeryx application (“App” or “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Velora Labs (“we”, “our”, or “us”), the company behind Aeryx. We reserve the right to update these Terms at any time; continued use of the App after changes are posted constitutes acceptance of the revised Terms.

2. Description of Service

Aeryx is a mobile application that uses your device’s motion sensors and GPS to track sports and fitness activity sessions. The App provides estimated performance metrics including session intensity, burst count, change-of-direction count, calorie estimates, and a quality score. The App is currently available free of charge for iOS and Android.

3. Health and Safety Disclaimer

You assume all risk for your physical activity. Before beginning any new exercise program, consult with a qualified healthcare professional, particularly if you have any pre-existing health conditions, injuries, or are returning from illness.

By using Aeryx, you acknowledge and agree that:

• The App does not provide medical advice, diagnosis, or treatment recommendations of any kind.
• All metrics (intensity, calorie estimates, quality scores) are estimates based on sensor algorithms and are not clinically validated or certified by any regulatory body.
• You are solely responsible for ensuring you are physically capable of performing the activity you choose to track.
• You will use appropriate protective equipment and follow applicable safety guidelines for your sport or activity.
• We are not responsible for any injury, illness, or health complication arising from your physical activity, whether or not it was tracked with Aeryx.

4. Accuracy of Metrics

Aeryx uses accelerometer data and proprietary algorithms to estimate performance metrics. These estimates are inherently approximate and may vary based on device placement, device model, movement style, and environmental conditions. We make no warranty that the metrics provided are accurate, complete, or suitable for any particular purpose including competitive performance evaluation or training programming.

5. User Responsibilities

By using Aeryx, you agree to:

• Use the App only for lawful purposes and in a manner consistent with these Terms
• Not attempt to reverse engineer, decompile, or extract source code from the App
• Not attempt to interfere with or disrupt the App or its infrastructure
• Not use the App in any way that could harm, disable, or impair our servers or networks
• Provide accurate information if you create an account

6. Intellectual Property

The App, including its design, code, algorithms, and content, is owned by Aeryx and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, trade names, logos, or product names without our prior written consent.

You retain ownership of the session data and performance records you generate through your use of the App. You grant us a limited, non-exclusive, royalty-free license to store and process that data solely to provide the Service to you.

7. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices.

8. Third-Party Services

The App may integrate with third-party platform services (such as the Apple App Store and Google Play Store) subject to their own terms and conditions. We are not responsible for the practices of any third-party services.

9. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF DATA.

We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any metrics, estimates, or data provided by the App.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VELORA LABS, ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD IF NO PAYMENT HAS BEEN MADE.

11. Indemnification

You agree to indemnify, defend, and hold harmless Velora Labs and its owners, officers, and employees from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of the App, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We reserve the right to suspend or terminate your access to the Service at any time, without notice, for any conduct that we believe violates these Terms or is harmful to other users, us, or third parties. You may stop using the App at any time by uninstalling it from your device.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in California.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

15. Contact Us

If you have questions about these Terms, please contact:

Velora Labs
hello@aeryx.veloralabs.app