Terms of Service

Welcome to PostureScan! These Terms of Service ("Terms") govern your use of the PostureScan mobile application (the "App"). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

1. Acceptance of Terms

By creating an account, accessing, or using PostureScan, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and PostureScan (operated by Samuel Gilmore).

2. Eligibility and Use

• Age Requirement: PostureScan is rated for users ages 9 and up. Users under 18 must have parental or guardian consent to use the App.
• Accurate Information: You agree to provide accurate information when using the App's features.
• Responsible Use: You are responsible for your use of the App and any decisions you make based on the information provided.

3. License to Use the App

Subject to your compliance with these Terms, PostureScan grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use.

You May NOT:

• Copy, modify, distribute, sell, or lease any part of the App
• Reverse engineer, decompile, or attempt to extract the source code of the App
• Use the App for any illegal, unauthorized, or commercial purpose
• Remove, alter, or obscure any proprietary notices on the App
• Use the App in any way that could damage, disable, or impair the App or interfere with other users' access

4. Subscription and Payments

4.1 Subscription Model

PostureScan operates on a subscription-based model. Full access to the App's features requires an active subscription.

4.2 Free Onboarding

You can download the App and experience the complete onboarding process for free before committing to a subscription.

4.3 Payment and Billing

• Payment Processing: All subscriptions are processed through Apple's App Store. Payment will be charged to your Apple ID account upon confirmation of purchase.
• Auto-Renewal: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current subscription period.
• Pricing: Subscription prices are displayed in the App and may vary by region. Prices are subject to change with notice.
• Taxes: Prices do not include any applicable sales tax or VAT, which will be added as required by local law.

4.4 Managing Your Subscription

You can view, change, or cancel your subscription at any time through your Apple ID account settings:

• Open Settings on your iOS device
• Tap your name at the top
• Tap "Subscriptions"
• Select PostureScan
• Choose "Cancel Subscription" or modify your plan

4.5 Cancellation and Refunds

• No Partial Refunds: If you cancel your subscription, you will continue to have access to paid features until the end of your current billing period. No partial refunds will be issued for unused time.
• Refund Requests: All refund requests must be made through Apple's App Store, as they process all payments. PostureScan does not have the ability to issue refunds directly.
• Apple Refund Policy: Refunds are subject to Apple's refund policy. You can request a refund through Apple within 14 days of purchase if you have not used the App extensively.

5. Your Responsibilities and Assumption of Risk

• Voluntary Participation: You are voluntarily choosing to use PostureScan and follow its exercise recommendations. You are under no obligation to perform any exercises suggested by the App.
• Physical Fitness: You represent that you are in adequate physical condition to perform physical exercises and have no medical conditions that would prevent you from engaging in posture correction activities.
• Medical Clearance: You agree to consult with a physician before beginning any exercise program, especially if you have any pre-existing medical conditions, injuries, or concerns.
• Stop If You Experience Pain: You agree to immediately stop any exercise if you experience pain, discomfort, dizziness, nausea, or any other adverse symptoms, and consult a healthcare provider.
• Your Own Judgment: You agree to use your own judgment when following the App's recommendations and to not exceed your physical limitations.
• Not a Diagnosis: You understand that the posture analysis and scores provided by the App are estimates and interpretations, not medical diagnoses.

6. Limitation of Liability and Disclaimer of Warranties

6.1 "AS IS" Provision

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

6.2 No Guarantee of Accuracy

PostureScan does not guarantee the accuracy, completeness, reliability, or suitability of the posture analysis, measurements, scores, or exercise recommendations provided by the App. Results may vary, and individual outcomes are not guaranteed.

6.3 No Liability for Injuries or Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSTURESCAN, ITS DEVELOPER (SAMUEL GILMORE), AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURIES, DAMAGES, LOSSES, OR CLAIMS (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES) ARISING FROM OR RELATED TO:

• Your use of or inability to use the App
• Any exercise recommendations or routines suggested by the App
• Any injuries, pain, discomfort, or adverse health outcomes resulting from using the App or following its recommendations
• The accuracy or inaccuracy of posture analysis, measurements, or scores
• Any technical errors, bugs, or malfunctions in the App
• Any interruption or cessation of the App's services
• Any unauthorized access to or alteration of your data

6.4 Indemnification

You agree to indemnify, defend, and hold harmless PostureScan, Samuel Gilmore, and their affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the App, your violation of these Terms, or your violation of any rights of another party.

7. Intellectual Property Rights

• Ownership: All content, features, functionality, designs, graphics, logos, text, and software in the App are the exclusive property of PostureScan and Samuel Gilmore and are protected by copyright, trademark, and other intellectual property laws.
• Your Content: You retain ownership of any images, data, or content you create using the App. By using the App, you grant PostureScan a limited license to process your images solely for the purpose of providing posture analysis services.
• Trademarks: "PostureScan" and associated logos are trademarks of Samuel Gilmore. You may not use these trademarks without prior written permission.

8. Privacy and Data Usage

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the practices described in the Privacy Policy.

9. User Conduct and Prohibited Activities

You agree NOT to:

• Use the App for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to the App or its related systems
• Interfere with or disrupt the App's operation or servers
• Upload any content that contains viruses, malware, or harmful code
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Harvest or collect information about other users without their consent

10. Modifications to the App and Terms

• App Updates: We reserve the right to modify, update, or discontinue the App or any features at any time without notice.
• Terms Updates: We may revise these Terms from time to time. The "Last Updated" date at the top will reflect when changes were made. Continued use of the App after changes constitutes acceptance of the revised Terms.
• Notification: For material changes, we will make reasonable efforts to notify you through the App or via email.

11. Termination

• Your Right to Terminate: You may stop using the App at any time and cancel your subscription through your Apple ID settings.
• Our Right to Terminate: We reserve the right to suspend or terminate your access to the App at any time, with or without notice, if we believe you have violated these Terms or engaged in fraudulent, abusive, or illegal activity.
• Effect of Termination: Upon termination, your license to use the App will immediately cease. Provisions of these Terms that by their nature should survive termination (including limitation of liability, indemnification, and dispute resolution) will continue to apply.

12. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflict of law principles.
• Dispute Resolution: Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.
• Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and PostureScan individually. You waive the right to participate in a class action lawsuit or class-wide arbitration.

13. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and PostureScan regarding the App.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.
• No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision.
• Assignment: You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.