Terms of Service

Terms of Service

This site and the mobile applications and services available in connection with this site and mobile application (the “App”) are made available to you by Myndarc, LLC. (“Myndarc,” “we”) subject to these Terms of Service, including those set forth in the Privacy Policy (the “Terms”). By accessing, using or downloading any materials from the App, you agree to follow and be bound by the Terms, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at our “Terms of Use” page. We and our third-party providers may make improvements and/or changes to the products, services, mobile applications, features, programs, and prices described in this App at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages of this App. The App is not intended for and is not designed to attract children under 13 years of age. If you do not agree with the Terms, please do not use this App. BY CONTINUING TO USE THE APP, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF. We reserve the right at any time, with or without notice, to modify or discontinue, temporarily or permanently, the App or any portion thereof. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or any portion thereof.

Medical Disclaimer

Athlytic provides only information and is not medical or treatment advice and may not be treated as such by the user. This App may not be relied upon for the purposes of medical diagnosis or as a recommendation for medical care or treatment. The information on this App is not a substitute for professional medical advice, diagnosis, or treatment. All content, including text, graphics, images, and information, is for general information purposes only. You are strongly encouraged to confirm any information obtained from or through this App with your physician or another professional healthcare provider and to review all information regarding any medical condition or treatment with them. YOU MUST NEVER RELY ON ANY INFORMATION OBTAINED USING THIS APP FOR ANY DIAGNOSIS OR RECOMMENDATION FOR MEDICAL TREATMENT. IF YOU THINK YOU MAY BE SUFFERING FROM ANY MEDICAL CONDITION YOU SHOULD SEEK IMMEDIATE MEDICAL ATTENTION. The information provided by this App is provided “as is” without any representations or warranties, express or implied. YOU HAVE READ AND UNDERSTAND THIS MEDICAL DISCLAIMER; YOU AGREE TO BE LEGALLY BOUND BY IT. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS, REGISTER, OR USE THE APP.

Payments

If you choose to buy a subscription, you must designate and provide information about your preferred payment method (“Payment Method”). You will be charged immediately after you tap to buy a subscription. You agree to pay all fees incurred in connection with your account.

Fees and Renewals

All subscription fees are payable in advance and will be billed automatically to your Payment Method at the start of each subscription period. Subscriptions auto-renew until terminated. Renewal fees will match your initial charges unless otherwise notified in advance. We reserve the right to change subscription fees upon reasonable notice. Upgrades or additions may result in a new billing date. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR SUBSCRIPTION.

Cancellation

You can manage and cancel your subscription or turn off auto-renewal in your App Store Account Settings. Cancellation takes effect at the end of your current billing cycle, and you will retain access through that date. After your subscription ends, your account will enter free mode. No refunds or credits will be provided upon cancellation.

User Conduct

If we implement an account system, you are responsible for maintaining the confidentiality of your password and restricting access to your account. You accept responsibility for all activities under your account. We use reasonable security measures but cannot guarantee absolute security. You agree to notify us immediately of any unauthorized use or security breach. You are solely responsible for any “Content” (text, software, images, etc.) you upload or transmit via the App. We do not monitor or guarantee the accuracy of user-generated Content. You agree not to use the App to post unlawful, harmful, or objectionable Content; to harm minors; impersonate others; infringe intellectual property; distribute spam or malware; disrupt our servers; or violate any laws. Automated access (scraping, bots) is prohibited. We reserve the right—but not the obligation—to remove any Content that violates our Terms.

Content Submitted to the App

You retain ownership of Content you submit, but you grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display, and otherwise exploit such Content on the App. Private Content designations will be honored, but if you later make Content public, we cannot guarantee its continued privacy.

Electronic Communications

All communications you send via the App are considered public and subject to these Terms. We may use electronic means (email, postings) to communicate with you, which will satisfy any legal notice requirements.

Proprietary Rights

The App and its contents contain proprietary information protected by intellectual property laws. You are granted a personal, non-transferable, non-exclusive license to access and use the App. You agree not to copy, modify, reverse engineer, or create derivative works without authorization. “Athlytic,” the Athlytic logo, and other Myndarc trademarks are exclusive property of Myndarc, LLC.

Disclaimer of Warranties and Liability

THE APP AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. MYNDARC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED, SECURE, OR ERROR-FREE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK.

Indemnity

You agree to indemnify and hold Myndarc and its affiliates harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the App, your Content, or your violation of these Terms.

Termination

We may terminate your account or access to the App, without notice, for any reason, including breach of these Terms, requests by law enforcement, discontinuation of the App, or inactivity.

Applicable Laws

This App is controlled by Myndarc from its offices in the United States. Accessing the App from outside the U.S. is at your own risk and you are responsible for compliance with local laws. These Terms are governed by California law, and you consent to the exclusive jurisdiction of the state and federal courts in Santa Clara County, California.

General

These Terms constitute the entire agreement between you and Myndarc. If any provision is found invalid, the remaining Terms remain in effect. You may not assign your rights or obligations without our consent. We may assign our rights under these Terms. Notice to you by email or posting on the App constitutes valid notice.

Support

We provide support through the App’s Support button in the “More” tab and strive to respond within 48 hours. For questions regarding these Terms, please email athlytic@gmail.com.