Terms of Service

1. Agreement to Terms

By accessing or using Mirabend ("Service"), operated by Mirabend, Inc. ("Company," "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 do not have permission to access the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including but not limited to individuals utilizing our AI-powered fitness coaching platform.

2. User Accounts and Security

2.1 Account Creation

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

2.2 Account Security

You agree to:

• Notify us immediately of any unauthorized access or security breach
• Maintain the confidentiality of your account credentials
• Accept responsibility for all activities under your account
• Ensure that your account information is accurate and up-to-date

2.3 Age Requirements

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

3. Health and Fitness Disclaimer

3.1 Medical Advice Disclaimer

The Service is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before starting any fitness program.

3.2 AI-Generated Content

Fitness plans and recommendations generated by our AI are for informational purposes only. You are solely responsible for assessing whether the recommendations are appropriate for your individual health status and fitness level.

3.3 Assumption of Risk

Exercise carries inherent risks. By using the Service, you acknowledge and accept these risks and agree that you participate in any physical activity at your own risk.

4. Prohibited Uses

You may not use our Service:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To interfere with or circumvent the security features of the Service
• To use the Service for competitive analysis or to build a competing product

5. Service Availability and Modifications

5.1 Service Availability

We strive to provide continuous availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

5.2 Service Modifications

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

6. Data Privacy and Protection

6.1 Privacy Policy

Your use of our Service is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs your visit to our Service, to understand our practices.

6.2 Data Security

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest
• Regular security audits and assessments
• Access controls and authentication mechanisms
• Secure data centers with physical security measures

7. Disclaimers and Limitations of Liability

7.1 Service Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

7.2 Limitation of Liability

IN NO EVENT SHALL MIRABEND, INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE OR ANY INJURY SUSTAINED DURING PHYSICAL ACTIVITY.

8. Indemnification

You agree to defend, indemnify, and hold harmless Mirabend, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: (a) your use and access of the Service; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your use of the Service caused damage or injury to you or a third party.

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting customer support.

9.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. Your continued use of the Service after any changes constitutes acceptance of those changes.

12. Contact Information

If you have any questions about these Terms, please contact us at:

13. SMS Messaging Terms

13.1 SMS Program

Mirabend offers an SMS messaging program to provide fitness coaching, reminders, and updates.

13.2 Opt-Out

You can cancel the SMS service at any time. Just text "STOP" to the number. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

13.3 Help

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].

13.4 Message Frequency

Message frequency varies based on your activity and preferences.

13.5 Carrier Liability

Carriers are not liable for delayed or undelivered messages.

13.6 Message and Data Rates

Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, contact your wireless provider.