Terms and Conditions

1. Introduction

Welcome to PeakRoutine ("we," "our," or "us"). PeakRoutine is an AI-powered health platform that helps users form sustainable habits across physical activity, sleep, mood, sunlight, and energy tracking. By accessing or using our mobile application, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms").

Please read these Terms carefully before using the Service. If you do not agree to these Terms, you may not access or use the Service.

2. Acceptance of Terms

By creating an account, downloading, installing, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website or through the Service and updating the "Last Updated" date at the top. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you should discontinue your use of the Service.

4. Eligibility

You must be at least 13 years old to use the Service. If you are between the ages of 13 and 18 (or the legal age of majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

The Service is intended for users seeking general wellness information and tools, not for diagnosing or treating medical conditions. If you have any medical conditions or concerns, please consult with a healthcare provider before using the Service.

5. Account Registration

To use certain features of the Service, you may need to create an account. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account if any information you provide is inaccurate, false, or incomplete, or if you have violated these Terms.

6. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information when you use the Service. By using the Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

6.1 GDPR (EEA and UK Users)

If you are located in the European Economic Area (EEA) or the United Kingdom, you have additional rights under the General Data Protection Regulation (GDPR) or UK GDPR, including the right to access, correct, delete, and port your personal data, and the right to lodge a complaint with your local data protection authority. We process your data on the legal bases described in Section 13 of our Privacy Policy. Health data is processed only on the basis of your explicit consent, which you may withdraw at any time.

6.2 CCPA (California Users)

California residents have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), as described in Section 12 of our Privacy Policy.

6.3 Data Deletion

You may request deletion of your personal data at any time by emailing privacy@peakroutinehealth.com. Please include your name, the email address on your account, and a description of what data you want deleted. We will respond within 5 business days and complete the deletion within 30 days.

7. License and App Usage

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

This license does not include any right to:

• Modify, adapt, or hack the Service or modify any website or application to falsely imply that it is associated with the Service;
• Copy, duplicate, reproduce, sell, trade, resell, or exploit any portion of the Service without our express written permission;
• Use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
• Interfere with or disrupt the integrity or performance of the Service or third-party data contained therein;
• Attempt to gain unauthorized access to the Service or its related systems or networks.

8. Restrictions

You agree not to use the Service to:

• Violate any applicable laws or regulations;
• Infringe upon the rights of others or violate their privacy or publicity rights;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Interfere with or disrupt the Service or servers or networks connected to the Service;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service;
• Collect or store personal data about other users without their express consent;
• Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

8.1 Health Data Protection Commitment

As part of these Terms, we commit to protecting your health data with the highest level of care. You agree to our Privacy Policy, which includes specific protections for health information. We contractually commit that:

1. Your health data will never be sold to third parties
2. Your health data will only be shared with service providers when necessary to provide the Service
3. All service providers are contractually bound to maintain the confidentiality and security of your health data
4. Any violation of these commitments shall constitute a material breach of these Terms

9. Health Information and Disclaimer

The Service provides general health and wellness information and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. We make the following clarifications about our Service:

• Not Medical Advice: All content, including AI recommendations, personalized plans, insights, and educational materials provided through the Service are for informational purposes only and do not constitute medical advice.
• Not a Medical Device: PeakRoutine is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or health condition.
• Consult Healthcare Providers: Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or before starting any diet, exercise, or health regimen.
• Emergency Situations: Never disregard professional medical advice or delay seeking it because of something you have read or accessed through our Service.
• No Guarantee of Results: Individual results may vary. We do not guarantee that you will achieve any specific results from using our Service.
• External Resources: Links to third-party health resources are provided for informational purposes only. We are not responsible for the content or accuracy of external resources.

By using the Service, you expressly acknowledge and agree that PeakRoutine is not liable for any damage or injury resulting from your use of or reliance on the information provided through the Service.

9.1 AI-Generated Content

Our Service may use artificial intelligence to generate personalized recommendations, insights, or plans. You acknowledge that:

• AI-generated content is based on general patterns and information, not your specific medical history
• AI systems may produce inaccurate, incomplete, or inappropriate recommendations
• You should apply your own judgment and consult healthcare professionals before acting on any AI-generated recommendation
• We are not responsible for any actions you take based on AI-generated content

9.2 User Acknowledgment of Risk

By using the Service, you expressly acknowledge and accept that:

• Health and fitness activities involve inherent risks
• You are voluntarily participating in these activities with knowledge of the dangers involved
• You assume full responsibility for any risk of bodily injury, death, or property damage arising from using our Service
• You have consulted with healthcare professionals as needed regarding your participation in activities suggested by the Service

10. Subscriptions and Billing

Some features of the Service may require a subscription or payment. If you choose to purchase a subscription, you agree to pay all fees in accordance with the pricing and terms displayed to you at the time of purchase.

Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can turn off auto-renewal at any time through your account settings.

We reserve the right to change subscription fees at any time. If we change subscription fees, we will provide notice of the change through the Service or by email. Your continued use of the subscription after the fee change becomes effective constitutes your agreement to pay the changed amount.

11. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by contacting us or by following the instructions in the Service. Termination of your account may not necessarily result in the deletion of content you have submitted to the Service.

12. Disclaimer of Warranties

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

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEAKROUTINE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PEAKROUTINE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

14. Indemnification

You agree to defend, indemnify, and hold harmless PeakRoutine, its affiliates, directors, officers, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

15. Intellectual Property

The Service and all content and materials included on it, such as text, graphics, logos, images, and software, are the property of PeakRoutine or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as necessary to use the Service for its intended purpose.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in King County, Washington.

17. Contact Information

If you have any questions about these Terms, or to exercise any data rights (access, correction, deletion, portability), please contact us at:

PeakRoutine
Email: info@peakroutinehealth.com
Privacy requests: privacy@peakroutinehealth.com

We will acknowledge all requests within 5 business days and respond fully within 30 days as required by applicable law.