Terms of Service - Higher Cadence

Welcome to Higher Cadence. By accessing or using our mobile application and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

      Summary: Higher Cadence is a platform for tracking and sharing your adventures. Use it at your own risk — it is not medical advice. Automated scraping is prohibited. You retain ownership of your content but grant us a license to operate the Service.
    

1. Acceptance of Terms

By creating an account or using the Service, you confirm that you are at least 13 years old and agree to comply with these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Account Responsibilities

You are responsible for:

Maintaining the security of your account credentials
All activity that occurs under your account
Providing accurate and complete profile information
Promptly notifying us of any unauthorized use of your account

3. Limitation of Liability

Higher Cadence is not a medical device or service.

The Service does not provide medical advice. Always consult a qualified healthcare provider before starting or modifying any exercise program.
GPS accuracy, distance, pace, elevation, and other metrics are estimates and may contain errors. Do not rely on them for safety-critical decisions.
You use the Service entirely at your own risk. Higher Cadence is not responsible for any injuries, accidents, or health issues that may occur during activities tracked with the Service.
Live location sharing is provided as-is. Do not rely on it as a sole safety measure.

To the maximum extent permitted by law, Higher Cadence and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or in connection with your use of the Service.

4. Prohibited Conduct

You agree not to:

Scrape, crawl, or use automated means to access, extract, or collect data from the Service, including but not limited to user profiles, activity data, routes, or any other content
Use bots, scripts, or other automated tools to interact with the Service
Attempt to reverse-engineer, decompile, or disassemble the Service
Interfere with or disrupt the Service or its infrastructure
Impersonate another user or misrepresent your identity
Use the Service for any unlawful purpose
Harass, abuse, or harm other users
Upload malicious content or attempt to gain unauthorized access to other accounts or systems

5. Intellectual Property

The Service, including its design, code, branding, and documentation, is owned by Higher Cadence and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

6. User Content

You retain ownership of the content you create through the Service, including actions, photos, and other media. By using the Service, you grant Higher Cadence a worldwide, non-exclusive, royalty-free license to use, store, display, and distribute your content solely for the purpose of operating and improving the Service, and in accordance with your visibility settings.

You represent that you have the right to share any content you upload and that it does not violate any third party's rights.

7. Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if you violate these Terms or engage in conduct that we determine is harmful to the Service or other users. You may delete your account at any time by contacting us.

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including limitations of liability, disclaimers, and intellectual property provisions) will continue to apply.

8. Disclaimer of Warranties

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

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We do not guarantee the accuracy of any data, metrics, or location information provided through the Service.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved in the courts located in California.

10. Changes to These Terms

We may update these Terms from time to time. We will notify you of significant changes through the app or via email. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

12. Contact Us

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

Email: [email protected]