Terms & Conditions

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.

Your use of our services

Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services; and
• Download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Any breach of these intellectual property rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update it as necessary.
• You have the legal capacity and agree to comply with these Legal Terms.
• By agreeing to these Legal Terms, you confirm that you are over the age of 18.
• You are not under the age of 18.
• If you enable location tracking for workouts, you consent to the collection of your precise location data in the background during active workout sessions, even when the app is not in use.
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Services for any illegal or unauthorized purpose.
• Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

We accept purchases exclusively through the Apple App Store and Google Play Store. All payments are processed by these platforms, and we do not collect or store payment information directly.

By making a purchase through the App Store or Play Store, you agree to abide by their respective terms of service and payment policies.

All purchases for subscriptions and in-app content are processed through the Apple App Store or Google Play Store, and their respective refund policies apply. Kovo LLC does not directly process refunds. If you are a resident of Québec or another province with mandatory consumer rights, you may have additional refund rights under applicable provincial laws.

Nothing in these Terms limits any statutory rights you may have under applicable consumer protection laws in your province of residence, including the right to a refund where required by law.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. We reserve the right to correct any errors or mistakes in pricing, even if a payment has already been processed. We reserve the right to refuse any transaction or limit access to purchases at our discretion, including cases where abuse, fraud, or unauthorized transactions are suspected.

Billing and renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until you cancel. The length of your billing cycle will depend on the type of subscription plan you choose.

Free trial

We offer a 7-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at contact@kovofitness.com.

Fee changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Misuse location tracking features, including attempting to spoof GPS data, manipulate workout routes, or use location services for any purpose other than legitimate workout tracking.
• Disparage, tarnish, or otherwise harm us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use of the Services.

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display, or performance of your Contributions does not infringe the proprietary rights of any third party.
• You are the creator and owner of, or have the necessary licenses, rights, and permissions to use, your Contributions.
• You have the written consent of each identifiable individual person in your Contributions to use their name or likeness.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, spam, or solicitation.
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions do not otherwise violate any provision of these Legal Terms or applicable law.

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We have the right, in our sole and absolute discretion, to edit, redact, re-categorize, pre-screen, or delete any Contributions at any time and for any reason, without notice.

Use license

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with these Legal Terms. You shall not:

• Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App (except as permitted by applicable law).
• Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
• Use the App for any revenue-generating endeavor or commercial enterprise for which it is not designed or intended.

Apple and Android devices

The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, in accordance with the usage rules of the applicable App Distributor. You must comply with applicable third-party terms of agreement when using the App.

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Legal Terms.
• Take appropriate legal action against anyone who violates the law or these Legal Terms.
• Refuse, restrict access to, limit the availability of, or disable any of your Contributions.
• Remove or disable all files and content that are excessive in size or burdensome to our systems.

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States, and by using the Services, you consent to have your data transferred to and processed in the United States.

If you are a resident of Canada, your personal data may be processed and stored outside of Canada, including in the United States. By using the Services, you consent to this transfer of your personal data. You have the right to request access, corrections, deletions, or updates as required by applicable Canadian privacy laws, including PIPEDA.

If you choose to enable location tracking for workout features, you grant us permission to collect and process your precise location data during active workout sessions. Location data may be collected in the background even when the app is closed or not in active use, for the sole purpose of tracking your workout route and calculating distance traveled.

You may disable location services at any time through your device settings. Disabling location services will prevent route tracking and distance calculation features from functioning properly.

We use location data solely for app functionality and do not share your precise location with third parties for advertising or other commercial purposes. For more details, please refer to our Privacy Policy.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification.

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms. We may terminate your use or participation in the Services or delete your account at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the United States (State of North Carolina) and Canada (Province of Ontario), without regard to conflict of law principles.

Binding arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes.

Except where otherwise required by AAA rules or applicable law, the arbitration will take place in New Hanover, North Carolina.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

• No arbitration shall be joined with any other proceeding.
• There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.
• There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions

The following Disputes are not subject to binding arbitration:

• Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
• Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
• Any claim for injunctive relief.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services, and we will assume no liability or responsibility for any errors, personal injury, unauthorized access, interruption of transmission, viruses, or omissions.

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

This includes, but is not limited to, any issues arising from the use of location tracking features, GPS accuracy, route mapping, or distance calculations.

By using the Services, you acknowledge that Kovo LLC is not responsible for any injuries, damages, or health issues resulting from workouts, challenges, or exercise recommendations within the app. You assume all risks associated with physical activity.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Your Contributions.
• Use of the Services.
• Breach of these Legal Terms.
• Any breach of your representations and warranties set forth in these Legal Terms.
• Your violation of the rights of a third party, including but not limited to intellectual property rights.
• Any overt harmful act toward any other user of the Services with whom you connected via the Services.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions.

For information about marketing email communications and how to opt out, please refer to our Privacy Policy.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: