1. Introduction

Welcome to SeakelpAI, Inc. ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our virtual running coach app, KoopAI ("Service"). By accessing or using KoopAI, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use KoopAI.

2. Company Information

3. Description of the Service

KoopAI is a virtual coaching service for runners provided by SeakelpAI, Inc. through an AI-powered chatbot ("Coach"). The Service includes personalized running plans, virtual coaching through chat interactions, and progress tracking.

Key Features:

• Personalized training plans tailored to individual user needs.
• Virtual coaching via chat interactions.
• Progress tracking and updates.

User Interaction:

Users interact with the Service through chat-based communication with KoopAI, where the Coach provides training plans, answers questions, and offers advice based on user inputs.

4. User Obligations

4.1 Personal Use Only

The Service is provided for your personal, non-commercial use only. You agree not to use the Service for any commercial purposes without our prior written consent.

4.2 Compliance with Applicable Laws

You agree to comply with all applicable local, state, national, and international laws and regulations when using the Service.

4.3 Prohibited Behaviors

You agree not to:

• Share, distribute, or sell the content provided by the Service to third parties.
• Use the Service in any way that could damage, disable, overburden, or impair the Service.
• Attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks connected to the Service.
• Use the Service to transmit any viruses, worms, or malicious code.
• Use the Service for any illegal or unauthorized purpose.

5. Payment Terms

5.1 Subscription Model

The Service is offered on a monthly subscription basis at a rate of $12 per month.

5.2 Payment Processing

Payments for the Service are processed securely through Stripe. By subscribing to KoopAI, you agree to allow SeakelpAI, Inc. to charge your payment method on a monthly, recurring basis. The subscription fee of $12 will be charged automatically each month until you cancel your subscription.

We reserve the right to modify subscription fees at any time, and we will notify you of any fee changes in advance. Any changes will become effective at the beginning of the next billing cycle after providing such notice.

5.3 Refund and Cancellation Policy

All subscription payments are non-refundable. You may cancel your subscription at any time, and the cancellation will take effect at the end of your current billing cycle. Access to the Service will continue until the end of the current billing period.

6. Intellectual Property

6.1 Ownership

All content provided through the Service, including training plans, coaching advice, and progress tracking data, is owned by SeakelpAI, Inc. Users are granted a limited, non-exclusive, non-transferable license to use the content solely for their personal running training.

6.2 Restrictions

You may not copy, reproduce, distribute, or create derivative works from any content provided by the Service without our express written permission. You may not use the content for any commercial purposes.

6.3 Trademarks

"SeakelpAI, Inc." and our logo are trademarks of SeakelpAI, Inc. You are not granted any rights or licenses to use these trademarks without our prior written consent.

7. Dispute Resolution

7.1 Mediation

In the event of a dispute arising out of or relating to these Terms or the use of the Service, you agree to first attempt to resolve the dispute informally by contacting us at info@koopai-endurance.com. If the dispute cannot be resolved informally, the parties agree to seek resolution through mediation.

7.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

7.3 Class Action Waiver

You agree that any disputes arising under these Terms will be resolved on an individual basis, and you waive the right to participate in any class-action lawsuits, class-wide arbitrations, or any other representative actions.

7.4 Arbitration

If mediation fails, any disputes that cannot be resolved through informal discussion or mediation shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

8. Limitation of Liability

8.1 No Responsibility for User Actions

SeakelpAI is not responsible for any actions taken by users based on advice or content provided by the Service. The Service is designed to provide general training guidance, but users should consult with a healthcare professional before beginning any new fitness program.

8.2 Specific Scenarios

SeakelpAI is not liable for:

• Injuries sustained while following a training plan provided by the Service.
• Poor athletic performance during training or races.
• Any adverse physical reactions following training or racing.
• Any other harm or damage resulting from the use of the Service.

8.3 General Limitation of Liability

To the maximum extent permitted by law, SeakelpAI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use of or inability to use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service; and
• Unauthorized access, use, or alteration of your transmissions or content.

8.4 Language Model Limitations and Hallucinations

KoopAI is powered by an advanced language model, which may occasionally generate responses or advice that are incorrect, inconsistent, or outside of the intended scope of the virtual coaching service. These occurrences, known as "hallucinations," are a known limitation of the technology.

You acknowledge and agree that:

• The advice or information provided by KoopAI may sometimes be inaccurate or misleading as a result of these hallucinations.
• SeakelpAI makes no guarantees regarding the accuracy, completeness, or reliability of any advice, guidance, or content provided by the Service.
• You are encouraged to consult with a healthcare professional or contact our customer support team at info@koopai-endurance.com, if you are uncertain about the advice provided by the app.
• SeakelpAI is not responsible or liable for any consequences, including but not limited to injuries, financial losses, or other damages, that may arise from relying on advice or information generated by the language model.
• The Service is provided for informational purposes only and should not be treated as professional health or fitness advice.

9. Miscellaneous Provisions

9.1 Modification of Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice through the Service or by other means. Your continued use of the Service after the changes take effect constitutes your acceptance of the revised Terms.

9.2 Termination of Service

We may terminate or suspend your access to the Service at any time, 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.

9.3 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

9.4 Entire Agreement

These Terms, along with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and SeakelpAI regarding the use of the Service.

9.5 Contact Us

If you have any questions about these Terms, please contact us at info@koopai-endurance.com.

10. Monitoring of User Conversations

As part of our efforts to improve the KoopAI service and understand how users interact with the chatbot, we regularly monitor and review conversations between users and the virtual coach. This allows us to assess the app's performance, identify potential improvements, and ensure that the chatbot is functioning as intended.

By using the Service, you acknowledge and agree that:

• SeakelpAI may access and review your interactions with the chatbot for the purposes of evaluating and improving the Service.
• Your data will be handled with the utmost care and confidentiality.
• The monitoring and review of user conversations are conducted in accordance with our privacy policy, and your data will be handled with confidentiality and care.

If you have any questions or concerns about how we monitor conversations, you may contact us at info@koopai-endurance.com.