Please read these Terms of Service ("Terms") carefully before using the Ayro mobile application ("Ayro" or the "App"). These Terms are between you and Ayro ("we," "us," or "our").
By downloading, installing, creating an account, subscribing to, or using Ayro, you agree to be bound by these Terms. If you do not agree, do not use the App.
1. Acceptance of Terms
These Terms constitute a legally binding agreement between you and Ayro. By creating an account or using the App, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy, which is incorporated by reference.
2. Eligibility
You must be at least 13 years old to use Ayro. By using the App, you represent and warrant that you are at least 13 years of age.
If you are located in the European Economic Area, you must be at least 16 years old, or the applicable minimum digital consent age in your country of residence, to use Ayro.
If you are under the age of majority where you live, you represent that you have permission from a parent or legal guardian to use the App and agree to these Terms.
If you are a parent or guardian and believe your child under 13 has created an account on Ayro, please contact us at support@ayro.fit so we can take appropriate action.
3. Wellness and Medical Disclaimer
Ayro is a wellness and fitness training application. Ayro is not a medical device, does not provide medical advice, and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.
BOLT scores and other breathing metrics in Ayro are training benchmarks based on user-timed or user-entered activity. They are not clinical measurements and have not been validated as medical diagnostic tools.
Breathing exercises and recommendations in Ayro are intended for general wellness, fitness, focus, recovery, and breath training purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment.
Before beginning any breathing training program, you should consult a qualified healthcare professional, particularly if you:
- Have asthma, COPD, or any respiratory condition
- Have a cardiovascular condition, heart disease, irregular heartbeat, or high blood pressure
- Have epilepsy or a seizure disorder
- Are pregnant or may be pregnant
- Have any condition that may be affected by changes in breathing patterns
- Are taking medication that affects breathing, blood pressure, or cardiovascular function
Use Ayro in a safe environment. Do not practice breath holds or breathing exercises while driving, swimming, bathing, operating machinery, or doing anything where dizziness, distraction, or loss of consciousness could cause harm.
Stop using the App and seek medical advice or immediate medical attention, as appropriate, if you experience chest pain, fainting, severe shortness of breath, irregular heartbeat, severe dizziness, numbness, tingling, or any unusual or concerning symptoms.
You acknowledge that you use Ayro and any breathing exercises at your own risk.
4. Account Registration
To use certain features of Ayro, you may need to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain the security of your account credentials
- Notify us if you suspect unauthorized access to your account
- Not share your account with others or allow others to access your account
- Not create an account if you are under the minimum age requirement
You are responsible for all activity that occurs under your account.
5. License to Use the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple-branded devices that you own or control, and as otherwise permitted by Apple's Usage Rules in the App Store Terms of Service. This license is for your personal, non-commercial use.
6. Prohibited Uses
You agree not to:
- Use the App for any unlawful purpose or in violation of applicable laws
- Use the App in a way that creates a safety risk to yourself or others
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except where applicable law expressly permits it
- Modify, adapt, translate, or create derivative works based on the App
- Scrape, crawl, or extract data from the App using automated means
- Use the App for commercial purposes without our prior written consent
- Attempt to gain unauthorized access to any part of the App or its backend systems
- Introduce viruses, malware, or other harmful code into the App
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Use the App in any way that could damage, disable, overburden, or impair the App or our systems
7. Subscriptions, Free Trials, and In-App Purchases
Ayro may offer premium features through auto-renewable subscriptions or other in-app purchases. All digital purchases in the App are processed through Apple's App Store using Apple's in-app purchase system and are subject to Apple's payment terms.
Before you confirm a subscription purchase, the App Store purchase sheet or Ayro's purchase screen will display the subscription title, subscription length, price, billing frequency, free trial details if offered, and renewal terms.
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current subscription period. Your Apple Account will be charged for renewal within 24 hours before the end of the current period, unless you cancel.
You can manage or cancel your subscription at any time in your Apple Account subscription settings. Cancellation takes effect at the end of the current paid period or trial period. Deleting your Ayro account does not cancel an active App Store subscription.
If Ayro offers a free trial, your subscription will begin after the trial ends unless you cancel before the trial ends. The renewal price and billing frequency are shown before you subscribe.
Refund requests for App Store purchases are handled by Apple and should be submitted through Apple's refund process at https://reportaproblem.apple.com. We do not control Apple's refund decisions.
Apple may handle subscription price changes, consent prompts, billing grace periods, and billing issues according to App Store rules and your Apple Account settings.
8. Apple Health and HealthKit
Apple Health integration is optional. If you enable it, Ayro requests permission to read heart rate, resting heart rate, and heart rate variability (HRV) data from Apple Health to power fitness progress graphs in the app. Ayro also requests permission to write completed breathing sessions to Apple Health as mindful session data.
You may grant, deny, or revoke Apple Health permissions at any time through iOS Settings or the Health app.
Ayro does not use HealthKit data for advertising, marketing, or tracking. HealthKit data is never sold.
9. Intellectual Property
All content in the App, including exercise protocols, text, graphics, user interface design, software, and the Ayro name and logo, is owned by or licensed to Ayro and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from App content without our express written permission, except as permitted by law.
10. Account Deletion and Termination
You may delete your account at any time from within the App's settings. Account deletion permanently deletes your Ayro profile and associated training data, except where retention is required by law or necessary for legitimate security, fraud prevention, accounting, or compliance purposes.
Deleting your Ayro account does not cancel an active App Store subscription. App Store subscriptions are managed by Apple and can be managed or canceled in your Apple Account subscription settings.
We may suspend or terminate your account and access to the App if we believe you have violated these Terms, created safety or security risk, or used the App unlawfully. Upon termination, your right to use the App ceases immediately.
11. Privacy
Our Privacy Policy explains what information we collect, how we use it, and your choices. By using Ayro, you agree that we may collect and use information as described in the Privacy Policy.
12. Disclaimer of Warranties
The App is provided "as is" and "as available," without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant the accuracy or completeness of any content within the App.
13. Limitation of Liability
To the maximum extent permitted by applicable law, Ayro and its officers, directors, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of, or inability to use, the App.
To the maximum extent permitted by applicable law, our total liability to you for all claims arising out of or in connection with these Terms or your use of the App shall not exceed the greater of the amount you paid to Ayro through the App in the twelve months before the claim or one hundred dollars (USD $100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless Ayro and its officers, directors, employees, contractors, and agents from and against claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the App, your violation of these Terms, or your violation of any rights of another party.
15. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles, unless the laws of your jurisdiction require otherwise.
Any dispute arising out of or relating to these Terms or the App shall be resolved in the state or federal courts located in California, unless applicable law requires a different forum.
16. 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 and may provide additional notice in the App or by email. Your continued use of the App after the updated Terms become effective constitutes your acceptance of the updated Terms.
17. Miscellaneous
These Terms and our Privacy Policy constitute the entire agreement between you and us regarding your use of the App.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations as part of a merger, acquisition, sale of assets, financing, or by operation of law.
18. Apple App Store Terms
These Terms are between you and Ayro only, not Apple. Apple is not responsible for the App or its content and has no obligation to provide maintenance or support services for the App.
If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App, if any, as required by applicable App Store terms. 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 by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, or consumer protection claims.
Apple is not responsible for investigating, defending, settling, or discharging any claim that the App or your use of the App infringes a third party's intellectual property rights.
You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as third-party beneficiaries.
In the event of a conflict between these Terms and Apple's App Store terms, Apple's terms control to the extent of the conflict.
19. Contact Us
If you have any questions about these Terms, please email us at support@ayro.fit.