Terms of Service
These Terms of Service ("Terms") apply to Nutmeg.AI ("Nutmeg", "we", "us", and "our") and our sports movement analysis application and website at "getnutmeg.app" (collectively, the "Services").
These Terms set forth the legally binding terms and conditions that govern your use of the Services. By accessing or using the Services, you are accepting these Terms and represent that you have the right and authority to enter into these Terms. If you do not agree with these Terms, do not use the Services.
Age Requirements:
- You must be at least 13 years old to use the Services
- Users under 13 need parental consent - parents should create the account
- If you're 13-17, we recommend parental guidance for social features
Arbitration Notice: These Terms require binding arbitration to resolve disputes rather than jury trials or class actions (see Section 10).
1. Accounts
1.1 Account Creation
To use Nutmeg, you must create an account and provide accurate information as requested. You represent that all registration information you provide is truthful and current. You may delete your account at any time through the app settings. We may suspend or terminate your account in accordance with Section 7.
1.2 Account Responsibilities
You are responsible for maintaining the security of your account login information and for all activities under your account. Notify us immediately of any unauthorized use of your account. We are not liable for any loss resulting from unauthorized account access due to your failure to maintain account security.
2. License and Restrictions
2.1 License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use.
2.2 Restrictions
You may not:
- License, sell, rent, lease, transfer, or commercially exploit the Services
- Modify, reverse engineer, or create derivative works of the Services
- Interfere with or circumvent any features of the Services
- Use the Services to build a competing product or service
- Copy, reproduce, distribute, or republish any part of the Services
- Use automated tools to access the Services (bots, scrapers, etc.)
2.3 Service Changes
We may modify, suspend, or discontinue any part of the Services at any time as we develop and improve Nutmeg. We'll try to notify you of major changes, but we're not obligated to do so. We are not liable for any changes to the Services.
2.4 Ownership
Excluding your User Content, all intellectual property rights in the Services belong to us or our licensors. These Terms do not transfer any ownership rights to you.
3. User Content and AI Training
3.1 User Content
"User Content" means any content you submit to the Services, including videos, comments, performance data, and other information. You retain ownership of your User Content, but grant us the rights described below to operate our service. You are solely responsible for your User Content and any risks associated with it.
3.2 License to Us
By uploading content to Nutmeg, you grant us the rights necessary to operate our service, including:
- Analyzing your videos to provide movement feedback
- Using your content (with personal information removed) to train and improve our AI technology, as detailed in our Privacy Policy
- Storing and processing your content to maintain your session history
- Displaying your content in social features based on your privacy settings
These rights continue as needed to operate our service, including for AI model improvement.
3.3 Acceptable Use Policy
You agree not to upload or share content that:
- Violates any laws or third-party rights
- Is harmful, abusive, harassing, defamatory, or offensive
- Contains viruses or malicious code
- Infringes copyright, trademark, or other intellectual property rights
- Is inappropriate for minors (if participating in social features)
- Misrepresents your identity or movements
3.4 Content Moderation
We may review and remove any User Content that violates these Terms. We may also suspend or terminate accounts for policy violations. We are not obligated to monitor all User Content but reserve the right to do so.
4. Social Features and Competitions
4.1 Public Content
When you participate in challenges, competitions, or social features:
- Your performance scores and videos may be publicly visible
- Your comments and votes on others' content will be public
- Your username may appear on leaderboards
- Other users may be able to view and comment on your content
4.2 User Interactions
You are solely responsible for your interactions with other users. We are not responsible for disputes between users or the conduct of other users. Report inappropriate behavior through the app.
4.3 Competition Rules
Specific competitions may have additional rules. By participating, you agree to follow all competition-specific terms and accept that we may disqualify participants who violate rules.
5. Health and Safety
Physical Activity Disclaimer: Sports activities involve risk. By using Nutmeg, you confirm you're in suitable condition for physical activity and assume responsibility for any risks. Our analysis is for informational purposes only - not medical or professional coaching advice. Consult healthcare providers or certified coaches for professional guidance.
Your Responsibility: Use common sense, warm up properly, don't exceed your limits, and stop if you feel pain or discomfort.
6. Third-Party Services
The Services may integrate with or link to third-party services, websites, or content. We are not responsible for third-party services and do not endorse or guarantee their content, privacy practices, or security. Use third-party services at your own risk.
7. Account Termination
You can delete your account anytime through the app settings. When you delete your account, we'll stop collecting new data from you, but we may retain some information as described in our Privacy Policy.
We may suspend or terminate your account at any time for any reason, including violation of these Terms. Upon termination, your right to access the Services ends immediately. We have no liability for account termination or content deletion.
8. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We disclaim all warranties, including:
- Merchantability, fitness for a particular purpose, and non-infringement
- Uninterrupted, secure, or error-free operation
- Accuracy or reliability of analysis or results
- Compatibility with your devices or other software
Your use of the Services is at your own risk.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- We are not liable for indirect, incidental, special, or consequential damages
- Our total liability to you is limited to $100 USD
- We are not liable for third-party actions, service interruptions, or data loss
- You use the Services at your own discretion and risk
10. Dispute Resolution and Arbitration
10.1 Informal Resolution
Before filing any legal claim, you must first contact us at support@getnutmeg.app to attempt informal resolution. We will have 30 days to resolve the issue.
10.2 Binding Arbitration
If we can't resolve a dispute informally, we'll use binding arbitration instead of courts. This means:
- Individual arbitration through the American Arbitration Association (AAA)
- No class actions or jury trials
- Arbitration in California or by videoconference
- You can opt out by emailing support@getnutmeg.app within 30 days of first using Nutmeg
10.3 Exceptions
Small claims court cases and emergency court orders are not subject to arbitration.
11. General Terms
11.1 Governing Law
These Terms are governed by the laws of California, without regard to conflict of law principles.
11.2 Changes to Terms
We may update these Terms periodically. Material changes will be communicated via email or app notification. Continued use after changes constitutes acceptance of the new Terms.
11.3 Severability
If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in full effect.
11.4 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nutmeg regarding the Services.
12. Contact Information
For questions about these Terms, contact us at:
Email: support@getnutmeg.app
Address: [Your Company Address]
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