1. Agreement to Terms

By accessing or using the Day Zero mobile application and website (collectively, the "Platform"), you agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree to these Terms, do not use the Platform.

2. Definitions

- "Service" refers to the fitness training and tracking services provided through the Platform

- "User," "you," and "your" refer to individuals who access or use the Platform

- "Content" includes text, graphics, images, videos, and other materials

- "User Content" refers to any content that users create, upload, or share on the Platform

3. Account Registration

3.1 Account Creation

- You must be at least 18 years old to create an account

- You must provide accurate, current, and complete information

- You are responsible for maintaining the confidentiality of your account credentials

3.2 Account Security

- You are solely responsible for all activities under your account

- Notify us immediately of any unauthorized use of your account

- We reserve the right to disable accounts for violations of these Terms

4. User Content

4.1 Ownership

- You retain ownership of your User Content

- By posting User Content, you grant Day Zero a worldwide, non-exclusive, royalty-free license to use, copy, modify, and display the content

4.2 Content Guidelines

You agree not to post content that:

- Is illegal, harmful, threatening, or discriminatory

- Infringes on intellectual property rights

- Contains viruses or malicious code

- Impersonates others or is fraudulent

5. Health and Fitness Disclaimer

5.1 Medical Advice

- The Platform does not provide medical advice

- Consult healthcare professionals before starting any exercise program

- Users with pre-existing conditions should obtain medical clearance

5.2 Risk Acknowledgment

- Exercise carries inherent risks

- You assume all risks associated with using our fitness programs

- We are not liable for any injuries or health issues

6. Subscription and Payments

6.1 Subscription Terms

- Some features require a paid subscription

- Pricing and payment terms are provided at the point of purchase

- Subscriptions auto-renew unless canceled according to platform guidelines

6.2 Refund Policy

- Refund eligibility and process follow platform-specific policies (App Store/Google Play)

- We reserve the right to issue refunds at our discretion

7. Intellectual Property

7.1 Ownership

- The Platform, including all content and features, is owned by Day Zero

- Our trademarks and trade dress may not be used without prior written consent

7.2 Limited License

- We grant you a limited, non-transferable license to use the Platform

- You may not modify, distribute, or create derivative works

8. Data Usage and Privacy

- Your use of the Platform is also governed by our Privacy Policy

- We collect and use data as described in the Privacy Policy, including:

- Fitness and activity data

- Google Fit and Apple Health data (with consent)

- User-provided information

9. Third-Party Services

9.1 Integration

- The Platform may integrate with third-party services

- Use of third-party services is subject to their terms and policies

- We are not responsible for third-party services

9.2 Links

- The Platform may contain links to external websites

- We are not responsible for external content or privacy practices

10. Limitation of Liability

10.1 Disclaimer

- The Platform is provided "as is" without warranties

- We do not guarantee accuracy of fitness data or achievement of results

10.2 Liability Cap

- Our liability is limited to the amount paid for the service

- We are not liable for indirect, consequential, or punitive damages

11. Termination

11.1 User Termination

- You may terminate your account at any time

- Certain Terms survive termination

11.2 Our Termination Rights

- We may suspend or terminate accounts for Terms violations

- We may modify or discontinue the Service at any time

12. Changes to Terms

- We may modify these Terms at any time

- Continued use after changes constitutes acceptance

- Material changes will be notified in advance

13. Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

14. Dispute Resolution

- Disputes will be resolved through arbitration in Kochi, Kerala

- Small claims may be resolved in court

15. Contact Information

For questions about these Terms:

- Email: 0@hoomans.dev

- Address: G-258, Main Avenue, MIG Housing Society, Panampilly Nagar, Kochi, Kerala 682036

Last updated: 02 October 2024