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Jirdhis — Document 01

Terms of Service

Effective date: [INSERT EFFECTIVE DATE]
Last updated: [INSERT LAST UPDATED DATE]

1. Agreement to terms

These Terms of Service ("Terms") govern your access to and use of the Jirdhis mobile application, the website at [WEBSITE URL], and any related services (collectively, the "Services"), operated by [COMPANY LEGAL NAME] ("Jirdhis," "we," "us," or "our").

By downloading, installing, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

These Terms contain an arbitration agreement and class-action waiver (Section 19). Please read them carefully.

2. Eligibility

You must be at least 13 years old (or 16 if you reside in the EEA or UK, or the minimum digital-consent age in your country) to use the Services. If you are under 18, you represent that your parent or legal guardian has reviewed and agrees to these Terms on your behalf.

By using the Services, you represent and warrant that: (a) you meet the age requirement; (b) you have the legal capacity to enter into these Terms; (c) you are not barred from using the Services under applicable law; and (d) you will use the Services in compliance with these Terms and all applicable laws.

3. Your account

You may need to create an account to use certain features. When you do, you agree to:

  • Provide accurate, current, and complete information.
  • Keep your account credentials secure and confidential.
  • Promptly notify us of any unauthorized use of your account.
  • Accept responsibility for all activity that occurs under your account.

You may not share your account with anyone else, use someone else's account without permission, or transfer your account.

4. License to use the App

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on a device you own or control, solely for your personal, non-commercial use.

You may not: (a) copy, modify, distribute, sell, lease, or sublicense any part of the Services; (b) reverse engineer, decompile, or attempt to extract the source code, except as permitted by applicable law; (c) remove proprietary notices; or (d) use the Services to build a competing product.

5. Subscriptions and payments

Jirdhis offers a free tier and optional paid subscriptions ("Jirdhis Pro"). Pricing and billing periods are shown in the App at the time of purchase.

Billing. Subscriptions are billed through the Apple App Store or Google Play depending on your device. By subscribing, you authorize the relevant app store to charge the payment method on file at the then-current price plus applicable taxes.

Auto-renewal. Subscriptions renew automatically at the end of each billing period unless cancelled at least 24 hours before the renewal date. You can manage auto-renewal in your device's subscription settings:

  • iOS: Settings → [Your Name] → Subscriptions
  • Android: Google Play → Subscriptions

Price changes. We may change subscription prices. We will give you advance notice before any price increase takes effect. If you do not accept the new price, you may cancel before it takes effect.

6. Free trials and promotional offers

We may offer free trials or other promotional pricing. Unless cancelled before the trial ends, your subscription will automatically convert to a paid subscription at the standard price. You can cancel during the trial period at no cost through your app store account.

One free trial per user. We may revoke promotional access if we determine in our reasonable discretion that the offer has been abused.

7. Cancellation and refunds

You can cancel your subscription at any time through your app store's subscription management settings. Cancellation stops future renewals; you retain access until the end of your current billing period.

Refunds. All purchases are handled by Apple App Store or Google Play and are subject to their refund policies. Requests should be submitted through:

EEA/UK 14-day right of withdrawal. If you are a consumer in the EEA or UK, you have the right to withdraw from a purchase within 14 days. By starting to use the paid Services during that period, you expressly request that performance begin and acknowledge you will lose the right of withdrawal once the service is fully performed.

8. User content

You may submit content to the Services, such as workouts, notes, profile information, photos, and feedback ("User Content"). You retain ownership of your User Content.

You grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify (for technical purposes only), and display your User Content solely for the purpose of providing and improving the Services.

You represent and warrant that: (a) you own or have the right to submit your User Content; (b) it does not infringe any third party's rights; and (c) it complies with these Terms and applicable law.

9. Prohibited conduct

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any law.
  • Upload, transmit, or distribute viruses, malware, or other harmful code.
  • Attempt to gain unauthorized access to the Services, other users' accounts, or our systems.
  • Interfere with or disrupt the integrity or performance of the Services.
  • Scrape, harvest, or collect data from the Services without our written permission.
  • Impersonate any person or misrepresent your affiliation with anyone.
  • Harass, threaten, or harm another user.
  • Use the Services to send spam or unsolicited communications.
  • Bypass any technical limitations, rate limits, or access controls.

We may suspend or terminate accounts that violate these rules.

10. Intellectual property

The Services, including all software, text, graphics, logos, designs, and other content (excluding User Content), are owned by Jirdhis or our licensors and are protected by intellectual property laws. "Jirdhis" and our logos are our trademarks. Nothing in these Terms grants you any right to use our trademarks without our prior written consent.

If you provide us with feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without obligation to you.

11. Third-party services

The Services may integrate with third-party platforms such as Apple Health, Google Fit, Health Connect, Apple Watch, and Wear OS. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services and disclaim all liability arising from your use of them.

12. Health and fitness disclaimer

Read this carefully. Jirdhis is a fitness and wellness tool, not a medical device. The Services do not provide medical advice, diagnosis, or treatment.

  • Consult a qualified healthcare professional before starting any exercise program, particularly if you have or suspect you have a medical condition, are pregnant, or have any concerns.
  • If you experience pain, dizziness, shortness of breath, or any concerning symptoms during exercise, stop immediately and seek medical attention.
  • You assume all risks associated with your use of the Services and any exercises you perform.
  • Information in the App (workout descriptions, recommendations, plans) is for general informational purposes only and is not a substitute for personalized professional advice.

13. Warranty disclaimers

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 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES; THAT DEFECTS WILL BE CORRECTED; OR THAT RESULTS OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JIRDHIS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) USD $100.

Nothing in these Terms limits liability that cannot be limited by law, including liability for gross negligence, fraud, or willful misconduct.

15. Indemnification

You agree to indemnify, defend, and hold harmless Jirdhis and its affiliates, officers, directors, employees, and agents from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of: (a) your use or misuse of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

16. Termination

You may stop using the Services at any time and delete your account from within the App. We may suspend or terminate your access to the Services, with or without notice, if we reasonably believe you have violated these Terms, created risk or possible legal exposure for us, or if we are required by law.

Sections that by their nature should survive termination (including IP, disclaimers, liability limitations, indemnity, and dispute resolution) will continue after termination.

17. Changes to the Services and these Terms

We may modify or discontinue the Services or any feature at any time. We may also modify these Terms. If changes are material, we will notify you through the App or by email before they take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, stop using the Services.

18. Governing law

These Terms are governed by the laws of [STATE/COUNTRY OF GOVERNING LAW], without regard to its conflict-of-laws principles. If you are a consumer in the EEA or UK, the mandatory consumer protections of your country of residence still apply.

19. Dispute resolution and arbitration

Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@[YOUR DOMAIN]. We will try to resolve the dispute within 60 days.

Binding arbitration. If we cannot resolve a dispute informally, any claim arising out of or related to these Terms or the Services will be resolved by binding individual arbitration administered by [ARBITRATION PROVIDER, e.g., AAA, JAMS, or applicable local body] under its rules. Arbitration will take place in [CITY, STATE/COUNTRY], unless you and we agree otherwise.

Class-action waiver. You and Jirdhis agree that any dispute will be brought in an individual capacity and not as a plaintiff or class member in any purported class or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding.

30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@[YOUR DOMAIN] with the subject "Arbitration Opt-Out" and including your name, address, and account email.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for misuse of intellectual property.

If you are a consumer in the EEA, UK, or another jurisdiction where mandatory consumer protections grant you the right to bring proceedings in your local courts, this Section 19 does not override those rights.

20. Apple App Store additional terms

The following terms apply if you obtained the App from the Apple App Store:

  • These Terms are between you and Jirdhis, not Apple. Apple is not responsible for the App or its content.
  • The license granted to you is non-transferable and limited to use on Apple-branded products you own or control, as permitted by the Apple Media Services Terms.
  • Apple has no obligation to provide maintenance or support for the App.
  • If the App fails to conform to any applicable warranty, you may notify Apple, who will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
  • Jirdhis, not Apple, is responsible for addressing any product liability claims, claims that the App fails to conform to legal requirements, and consumer-protection or similar claims relating to the App.
  • Jirdhis, not Apple, is responsible for investigating, defending, settling, and discharging any third-party intellectual-property infringement claim relating to the App.
  • You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist-supporting" country, and are not listed on any U.S. government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

21. Google Play additional terms

The following terms apply if you obtained the App from Google Play:

  • You acknowledge that Google Play is not a party to these Terms and is not responsible for the App.
  • Your use of the App must comply with Google Play's then-current Terms of Service.
  • Google is a third-party beneficiary solely with respect to the foregoing acknowledgments.

22. General provisions

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Jirdhis regarding the Services.

Severability. If any provision is found unenforceable, the remainder remains in effect.

Waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our consent. We may assign them freely.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Notices. Notices to you may be sent through the App, by email, or by posting on our website. Notices to us must be sent to legal@[YOUR DOMAIN].

No agency. No agency, partnership, joint venture, or employment is created by these Terms.

23. Contact us

Legal: legal@[YOUR DOMAIN]
Support: support@[YOUR DOMAIN]
Postal: [COMPANY LEGAL NAME], [FULL POSTAL ADDRESS]