Terms of Service

Cadence ("Cadence", "the Service") is operated by [TODO: legal entity name, for example "Tyson Luster, sole proprietor" or a registered business name], based in Saskatoon, Saskatchewan, Canada ("we", "us").

By creating an account, installing the app, or using the Service in any way, you agree to these terms. If you do not agree, do not use Cadence. If you are using Cadence on behalf of an organisation, you confirm you have authority to accept these terms for that organisation.

These terms work together with the Privacy Policy, which explains what data Cadence collects and where it goes.

Cadence displays training prescriptions, calorie and macronutrient targets, recovery scores, readiness estimates, and observations about patterns in your data. These are estimates produced by software. They are derived from the information you enter and from data your devices report, and they can be wrong, out of date, or inappropriate for your situation. Treat them as one input into your own judgement, not as instructions.

Nutrition targets in particular are calculated from formulas and from what you tell the app about yourself. They are not prescribed by a registered dietitian and are not tailored to any medical condition, eating disorder history, or clinical nutrition need.

Physical exercise carries inherent risk. That includes muscle strain, joint and tendon injury, falls, dropped or mishandled equipment, dehydration, heat illness, fainting, cardiac events, serious permanent injury, and, in rare cases, death. Those risks exist whether or not the exercise was suggested by Cadence, and they are not eliminated by following a program.

By using Cadence you acknowledge that you understand these risks and that you voluntarily assume them. You are responsible for deciding whether any workout, exercise, load, intensity, meal, fast, or recovery protocol is appropriate for you on the day you do it. You agree to:

• Get medical clearance before starting or significantly changing an exercise or nutrition program, especially if you are new to training, returning from a layoff, or managing a health condition.
• Work within your own ability. Reduce load, reduce volume, substitute movements, or skip a session whenever your body says to, regardless of what the app prescribes.
• Use correct technique and appropriate safety equipment, and train in an environment where help is available if something goes wrong.
• Stop immediately if you feel pain, dizziness, unusual shortness of breath, or anything else that is not normal training discomfort.

You use Cadence at your own risk. To the maximum extent permitted by law, you release us from claims arising out of injury, illness, or loss connected to your use of the Service, except where that release is not permitted by applicable law.

Cadence includes an AI coach and other AI-assisted features. These are built on large language models operated by Anthropic. AI output is generated text. It can be confidently wrong, it can misread your data, and it can produce a plan that does not suit you.

• Verify anything that matters. Do not rely on AI output for medical, dietary, or safety decisions without checking it yourself or with a professional.
• Allergies and intolerances. Cadence applies allergen filtering to recipe and meal suggestions, but that filtering is software and can fail. Always read ingredient lists yourself before eating anything suggested by the app. Never treat a Cadence meal suggestion as an allergen clearance.
• The coach can change your data. The AI coach can create and modify records in your account, including workouts, programs, meal plans, and logged entries. Review changes it makes. The Privacy Policy describes this in detail.
• Nutrition estimates from photos are approximations. Portion sizes and macronutrients estimated from a meal photo are guesses made from an image, not measurements.

We do not guarantee that AI output is accurate, complete, current, or suitable for you. You are responsible for what you do with it.

Cadence is currently invite-only. Accounts require approval before they can be used, and access may be revoked at any time. Availability on iOS is presently through Apple TestFlight, which is pre-release distribution: builds may be unstable, features may change or be removed, and a TestFlight build stops working when its testing period ends.

• You must be at least [TODO: minimum age, commonly 16 or 18] years old to use Cadence. Cadence is not intended for children and we do not knowingly collect information from them.
• You are responsible for the accuracy of the information you enter. Body weight, height, age, training history, and dietary restrictions all feed calculations. Bad inputs produce bad prescriptions.
• You are responsible for keeping your password secure and for everything done through your account. Tell us promptly if you think your account has been accessed by someone else.
• One account per person. Do not share your login.

You agree not to:

• Use Cadence for anything unlawful, or to harm, harass, or impersonate anyone.
• Attempt to access another user's data, bypass authentication or authorisation, probe or attack the infrastructure, or interfere with other people's use of the Service.
• Scrape, bulk-download, resell, or redistribute Cadence content, including the exercise library, recipe library, and educational material.
• Use the AI features to generate content that is illegal, or to attempt to extract system prompts, credentials, or other users' information.
• Reverse engineer, decompile, or attempt to derive the source of the Service, except where that restriction is prohibited by law.
• Automate access to the Service in a way that places unreasonable load on it, or evade rate limits.

We may suspend or terminate access for a breach of these rules, without notice where the breach is serious.

You keep ownership of the information you put into Cadence: your logs, notes, measurements, custom programs, custom recipes, and messages to the coach. You grant us a limited, non-exclusive licence to store, process, transmit, and display that content for the purpose of operating the Service for you. That includes sending relevant portions of it to our AI provider when you use an AI feature, as described in the Privacy Policy.

We do not sell your content, and we do not use it for advertising.

If you submit feedback, bug reports, or suggestions, we may use them to improve the Service without obligation to you.

The Service itself, including its software, design, exercise and movement library, educational content, recipe library, and branding, belongs to us or our licensors and is protected by copyright and other laws. Your account gives you a personal, non-transferable, revocable right to use it. It does not transfer ownership of anything.

Nutrition data, exercise descriptions, and educational material are provided for general information. See section 2.

Cadence is provided on an as-available basis. There is no uptime commitment. Features can be added, changed, or removed, and the Service can be interrupted for maintenance, upgrades, provider outages, or reasons outside our control.

Cadence depends on third-party services, including Apple (App Store, TestFlight, and HealthKit on iOS), our database and authentication provider, our AI provider, and our hosting provider. Their outages become our outages, and their terms may also apply to you when you use their platforms.

Cadence is currently offered at no charge. [TODO: Update this section if and when paid plans are introduced, including billing, renewal, and refund terms]

You may stop using Cadence at any time. To close your account and have your data deleted, email support@cadencemode.com. The Privacy Policy describes what happens to your data.

We may suspend or terminate your access if you breach these terms, if your use creates risk or legal exposure, or if we discontinue the Service. Where the reason permits it, we will try to give you notice and a chance to export or recover your information.

Sections that by their nature should survive termination do survive it, including sections 2, 3, 7, 8, 11, 12, 13, and 14.

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory. That includes any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation.

We do not warrant that the Service will meet your goals, that its calculations or AI output are accurate, that it will be error-free or available without interruption, or that data you enter will never be lost. Keep your own copies of anything you cannot afford to lose.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only to the extent permitted.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, or data, arising out of or related to your use of or inability to use the Service, even if we have been advised that such damages are possible.

To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service is limited to the greater of the amount you paid us for the Service in the twelve months before the claim arose, or [TODO: liability cap amount, for example CAD $100].

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence where applicable law does not permit its exclusion. Some jurisdictions do not allow these limitations, so parts of this section may not apply to you.

You agree to indemnify and hold us harmless from claims, damages, losses, and reasonable legal costs arising out of your use of the Service, your content, or your breach of these terms or of applicable law, except to the extent the claim results from our own wrongdoing.

These terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada that apply there, without regard to conflict-of-laws rules. You agree that the courts located in Saskatchewan have exclusive jurisdiction over disputes arising from these terms, subject to any mandatory consumer protection rights you have in your own country or province that give you the right to bring proceedings locally.

[TODO: Confirm the governing law and venue clause with a lawyer, especially if you intend to serve users in the EU, UK, or United States]

If you obtained the Cadence iOS app through Apple, these terms are between you and us, not Apple. Apple is not responsible for the app or its content, has no obligation to provide support or maintenance for it, and is not responsible for any claim you have about the app, including product liability, regulatory compliance, or intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

Your use of the app must also comply with Apple's applicable terms, including the App Store Terms of Service and, for pre-release builds, the TestFlight terms.

We may update these terms as the product changes. When we do, we will update the "last updated" date at the top of this page. For changes that materially affect your rights, we will make a reasonable effort to notify you in the app or by email before they take effect. Continuing to use Cadence after a change means you accept the updated terms.

• Entire agreement. These terms and the Privacy Policy are the whole agreement between you and us about the Service.
• Severability. If any provision is found unenforceable, the rest stays in force and the unenforceable part is limited to the minimum extent necessary.
• No waiver. Not enforcing a provision once does not waive it.
• Assignment. You may not assign these terms without our consent. We may assign them in connection with a sale or reorganisation of the business, subject to the Privacy Policy.

Questions about these terms go to support@cadencemode.com.

Operator

• Legal entity: [TODO: legal entity name]
• Mailing address: [TODO: contact address in Saskatoon, SK]
• Email: support@cadencemode.com