Terms of Service

1. Eligibility

You must be at least 13 years old to use Hoyro. If you are under the age of majority in your jurisdiction (typically 18), you may use the App only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. By using the App, you represent that you meet these requirements and that the information you provide is accurate.

2. The Service

Hoyro is a fitness and workout-tracking application that lets you plan workouts, log training sessions, track body measurements and progress, follow and publish training programs, and optionally sync data with Apple Health. Some features are available for free; others require a paid subscription as described in Section 4.

We may add, change, suspend, or remove features at any time. We may also impose or change limits on certain features or restrict access to parts or all of the Service without notice or liability.

3. Your Account

Some features require an account. You may register using an email address, Sign in with Apple, or Google Sign-In. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use. We are not liable for any loss arising from your failure to safeguard your account.

You are responsible for the accuracy of the information associated with your account and for keeping it current.

4. Subscriptions, Purchases, and Billing

Hoyro offers an optional premium tier ("Hoyro Pro") through the following products, purchased via Apple's In-App Purchase system:

• Hoyro Pro Monthly - an auto-renewable subscription billed monthly.
• Hoyro Pro Annual - an auto-renewable subscription billed yearly, which may include a free trial period (for example, a 7-day free trial for eligible new subscribers).
• Hoyro Founder (Lifetime) - a one-time purchase granting lifetime access to Hoyro Pro features, offered in limited quantity. Once the limited quantity is sold, this product will no longer be available for new purchases.

Current prices are displayed in the App at the point of purchase in your local currency, as provided by the App Store.

Auto-renewal. Auto-renewable subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period, at the then-current price for the applicable plan.

Free trials. If you are offered a free trial, payment will be charged to your Apple ID at the end of the trial period unless you cancel at least 24 hours before the trial ends. Any unused portion of a free trial is forfeited if you purchase a subscription before the trial ends, where applicable.

Managing and canceling. You can manage your subscription, turn off auto-renewal, or cancel at any time through your Apple ID account settings on your device (Settings -> your name -> Subscriptions). Deleting the App does not cancel your subscription.

Payments and refunds. All purchases are processed by Apple and are subject to the Apple Media Services Terms and Conditions. HoZyne does not process your payment information directly and cannot issue refunds. Refund requests are handled by Apple in accordance with Apple's policies. Except where required by law, purchases are non-refundable and there are no refunds or credits for partially used periods.

Price changes. We may change subscription prices. If a price change affects your existing subscription, Apple will notify you and, where required, seek your consent in accordance with App Store rules before the change takes effect.

5. Apple App Store - Additional Terms

You acknowledge that these Terms are between you and HoZyne only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content. Your use of the App must comply with the Apple Media Services Terms and Conditions, including the standard End User License Agreement (EULA) for licensed applications.

To the extent these Terms conflict with Apple's standard EULA for licensed applications, Apple's EULA governs solely with respect to the licensed-application aspects. You further acknowledge and agree that:

• Apple has no obligation to furnish any maintenance or support services for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer-protection or similar legislation.
• Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the App or your use of it infringes that third party's intellectual property rights.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

6. Health and Fitness Disclaimer

Hoyro is not a medical device and does not provide medical advice. The App is intended for general fitness and informational purposes only. Content, features, workout plans, programs, and any data or estimates provided through the App are not a substitute for professional medical advice, diagnosis, or treatment.

Always consult a qualified physician or other healthcare professional before beginning any exercise program, changing your diet, or acting on any information provided by the App, particularly if you have a pre-existing condition, are pregnant, or have any concerns about your health. Never disregard professional medical advice or delay seeking it because of something you read or tracked in the App.

You assume full responsibility for any risks, injuries, or damages, known or unknown, that may result from physical activity undertaken in connection with your use of the App. If you experience pain, discomfort, dizziness, or any other symptom during exercise, stop immediately and seek medical attention.

Any health-related data shown in the App (including data synced from Apple Health) may be incomplete or inaccurate and should not be relied upon for medical decisions.

7. User Content and the Program Marketplace

Hoyro may allow you to create, upload, and publish content, including training programs, exercise descriptions, notes, and a creator profile ("User Content"). You retain ownership of your User Content.

By submitting or publishing User Content, you grant HoZyne a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, display, distribute, and make your User Content available to other users through the App, solely for the purpose of operating, providing, and promoting the Service. This license ends when you delete your User Content, except to the extent it has been shared with others who have not deleted it, or where retention is required by law.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe the rights of any third party or violate any law. You are solely responsible for your User Content.

We may, but are not obligated to, review, monitor, or remove User Content at our discretion, including content we believe violates these Terms or is otherwise objectionable.

8. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable law or regulation.
• Upload or share content that is infringing, defamatory, obscene, harassing, harmful, or that promotes unsafe training or disordered behavior.
• Attempt to gain unauthorized access to the App, other users' accounts, or our systems or networks.
• Reverse engineer, decompile, or disassemble the App, except to the extent permitted by law.
• Interfere with or disrupt the integrity or performance of the App.
• Use the App to develop a competing product, or scrape or harvest data from the App.
• Circumvent, disable, or otherwise interfere with security-related features or usage limits, including subscription entitlements.

9. Referral Codes and Promotions

The App may generate a referral code for your account and may offer promotions from time to time. Any referral or promotional benefits are provided at our discretion, may be changed or withdrawn at any time, have no cash value, and may not be sold, transferred, or combined with other offers except as we expressly permit. We reserve the right to withhold or revoke benefits we believe were obtained through fraud, abuse, or violation of these Terms.

10. Intellectual Property

The App, including its software, design, text, graphics, logos, and all other content provided by HoZyne (excluding User Content), is owned by HoZyne or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes. No other rights are granted.

"Hoyro" and "HoZyne" and associated logos are trademarks of HoZyne. You may not use them without our prior written permission.

11. Third-Party Services

The App integrates with third-party services, including Apple (App Store, Apple Health/HealthKit, Sign in with Apple), Google (Google Sign-In), and our hosting and backend providers. Your use of those services may be subject to their own terms and privacy policies. We are not responsible for the practices of third-party services, and your dealings with them are solely between you and the third party.

12. Termination

You may stop using the App and delete your account at any time. We may suspend or terminate your access to the App at any time, with or without notice, if we believe you have violated these Terms or if we discontinue the Service.

Upon termination, your right to use the App ceases. Sections that by their nature should survive termination (including Sections 6, 7, 10, 13, 14, 15, and 16) will survive. Termination does not entitle you to any refund except as required by law or by Apple's policies.

13. Disclaimer of Warranties

The App is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components, or that any data will be accurate or preserved without loss. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

14. Limitation of Liability

To the maximum extent permitted by law, in no event will HoZyne or its owners, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of (or inability to use) the App, including any injury or health consequence related to physical activity, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total liability for all claims relating to the App will not exceed the greater of (a) the amount you paid us for the App in the twelve months before the event giving rise to the liability, or (b) USD $50.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above may not apply to you.

15. Indemnification

You agree to indemnify and hold harmless HoZyne and its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the App, your User Content, or your violation of these Terms or of any law or third-party right.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of any arbitration provision. Any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in New York and you consent to the personal jurisdiction of those courts, except where prohibited by applicable law. Nothing in this section limits any non-waivable consumer rights you may have under the laws of your place of residence.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice within the App. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms.

18. Contact Us

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

HoZyne
Email: alex@hozyne.com