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Terms of Service

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Terms of Service

AltaBrio.com Terms of Service

Effective Date: May 30, 2025

These Terms of Service (“Terms”) govern your access to and use of the AltaBrio.com website and associated AI training application (collectively, the “Services”). These Terms constitute a binding agreement between you and AltaBrio.com (“AltaBrio,” “we,” “us,” or “our”).

BY ACCESSING, USING, UPLOADING, OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, do not access or use the Services, and you should discontinue using AltaBrio and delete your account.  

This agreement was written in English. To the extent a translated version of the Terms conflicts with the English version, the English version controls. If you access or use the Services on behalf of a company or other entity, you represent that you have the authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have such authority, you may not access or use the Services.   

1. User Eligibility and Responsibilities

  • Minimum Age Requirement: To create an account and use the Services, you must be at least 13 years old or meet the minimum age requirement in your country of residence.  
     
  • Account Security: You are responsible for maintaining the security of your account, including protecting your password and providing accurate and complete information during registration and throughout your use of the Services. You must immediately notify AltaBrio in writing of any material defect or unauthorized access to your account.  
     
  • Acceptable Use Policy: You agree to comply with our Acceptable Use Policy, which prohibits certain conduct on the Services. This includes, but is not limited to:
    • Abusing, harassing, or threatening others.   
    • Promoting violence, terrorism, or illegal activities.  
       
    • Violating laws or the rights of others (e.g., defamation, intellectual property infringement, sharing private information without consent, human trafficking, drug dealing, theft).  
       
    • Posting obscene, profane, pornographic, or inappropriate content, including explicit descriptions or displays of nudity or activities.  
       
    • Engaging in hate speech, which attacks a person based on race, ethnicity, national origin, sexual orientation, gender identity, religion, age, disability, or other protected characteristics.  
       
    • Using the Services for unauthorized commercial activities or advertising, including sending unsolicited promotional material or creating profiles that promote a business, without AltaBrio’s prior written authorization   
       
    • Engaging in fraudulent or deceptive activity, such as using multiple accounts to boost ratings or faking activity results.  
       
    • Uploading any content or data that contains malicious code or data (e.g., viruses, worms, Trojan horses).  
       
    • Interfering with or disrupting the integrity or performance of the Services. AltaBrio reserves the right to disable access to accounts or content if these rules are violated.  
       
  • Compliance with Laws: You agree to stay up-to-date and comply with all applicable laws before and during your use of the Services, including obtaining and maintaining all necessary authorizations and registrations at your own expense. You must not provide content that would violate applicable law, intellectual property, trade secrets, or other third-party rights or restrictions.  
     

2. User Content and Intellectual Property

  • Ownership of User Content: You retain ownership of the content you make available on the Services, including information, data, text, photos, graphics, videos, and messages (“Your Content”).  
     
  • License Grant to AltaBrio: By making Your Content available on the Services, you grant AltaBrio a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display Your Content, and any associated name, username, or likeness you post, in all media formats and channels now known or later developed, without compensation to you. This license typically terminates when you delete Your Content or your account.  
     
  • Responsibility for Your Content: You are solely responsible for all Your Content you upload, post, email, transmit, or otherwise make available via the Services. You may bear legal responsibility if Your Content violates these Terms or applicable law. As between you and AltaBrio, Your Content is generally considered non-confidential and non-proprietary, and AltaBrio will not be liable for its use or disclosure, except as outlined in our Privacy Policy and your privacy controls. You are responsible for the public nature of any content not marked private.  
     
  • AI Training Data and User Content: We may use Your Content (e.g., activity descriptions, photos, videos, textual data, numerical data) for training, tuning, and testing our AI models and algorithms under the broad license granted herein. We are committed to anonymizing and de-identifying personal data used for AI training to mitigate re-identification risks. While you own your specific input and output, and your customer data, we may freely use and incorporate any general suggestions, enhancement requests, recommendations, or other feedback you provide relating to our offerings into our products and services, provided such feedback does not identify you or your confidential information.  
     
  • Intellectual Property of AltaBrio: You acknowledge that the Services, any necessary software, aggregated data based on user content, and any content available on the Services (excluding Your Content) contain proprietary and confidential information belonging to AltaBrio or its licensors, protected by intellectual property laws. You are generally prohibited from modifying, renting, leasing, loaning, selling, distributing, or creating derivative works based on the Services, software, or content (other than Your Content). This includes strict prohibitions against translating, decompiling, reverse engineering, decrypting, or attempting to discover the source code and the trained AI models. All trademarks, logos, and the look and feel of the Services are exclusive to AltaBrio, and their use requires prior written permission.  
     

3. Subscriptions, Payments, and Termination

  • Payment Methods, Billing Cycles, Currency, Taxes: The Services may offer paid subscriptions or features. The Terms will detail accepted payment methods and processing, billing cycles (e.g., monthly, annually), the applicable currency, and your responsibility for federal, state, local, and foreign taxes, duties, and similar assessments. Undisputed past due amounts may be subject to finance charges, and access to services may be suspended for late payments.  
     
  • Subscription Terms, Renewal, Refund/Cancellation Policies: Details regarding subscription terms, automatic renewal processes, and policies for refunds and cancellations will be clearly outlined. You should be able to cancel your subscription at any time.  
     
  • Account Termination Procedures and Data Retention Post-Termination: You can delete your account at any time. If an account is deleted, it is often immediate and permanent, so you should export your data beforehand if desired. AltaBrio may suspend or terminate your account if you violate these Terms. We will retain your data after termination only for as long as necessary to fulfill the purposes for which it was collected, to comply with legal obligations, to resolve disputes, and to enforce our legal agreements and policies, as further described in our Privacy Policy.  
     

4. Disclaimers and Limitation of Liability

  • Disclaimer of Warranties: THE SERVICES, INCLUDING ALL INFORMATION, SOFTWARE, PRODUCTS, AND CONTENT, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ALTABRIO AND ITS AFFILIATES DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALTABRIO DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT YOUR CONTENT WILL BE AVAILABLE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF RESULTS OBTAINED FROM THE SERVICE, THE QUALITY OF ANY PRODUCTS/SERVICES PURCHASED, OR THAT ERRORS WILL BE CORRECTED.  
     
  • No Medical Advice: ALTABRIO DOES NOT PROVIDE MEDICAL ADVICE THROUGH ITS SERVICES. CONTENT ON THE SERVICES IS NOT INTENDED TO REPLACE THE ADVICE OF MEDICAL PROFESSIONALS, CONSULTATIONS, OR INFORMATION ON PRODUCT PACKAGING. YOU SHOULD CONSULT YOUR PHYSICIAN FOR HEALTH-RELATED QUESTIONS OR EMERGENCY SERVICES FOR EMERGENCIES.  
     
  • Assumption of Risk: YOU EXPRESSLY AGREE THAT ENGAGING IN ATHLETIC ACTIVITIES (E.G., CYCLING, RUNNING, USING ALTABRIO TRAINING PLANS) CARRIES INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH. YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED BY THE ACTION, INACTION, OR NEGLIGENCE OF ALTABRIO OR OTHERS. ALTABRIO DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITIES THAT UTILIZE THE SERVICES.  
     
  • Limitation of Liability: IN NO EVENT SHALL ALTABRIO OR ITS “RELEASED PARTIES” (SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS, AND LICENSORS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SERVICES, EQUIPMENT, DEALINGS WITH THIRD PARTIES, DELAYS, OR INFORMATION OBTAINED THROUGH THE SERVICES. THIS APPLIES EVEN IF ALTABRIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALTABRIO’S MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT OF FEES PAID BY YOU TO ALTABRIO IN THE 12 MONTHS PRIOR TO THE CLAIM DATE.  
     
  • Release of Liability: YOU EXPRESSLY AGREE TO RELEASE ALTABRIO AND ITS RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE SERVICES OR PRODUCTS. YOU PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. FOR USERS OUTSIDE THE EU/EEA, YOU ACKNOWLEDGE AND EXPRESSLY WAIVE THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.  
     

5. Dispute Resolution and Governing Law

  • Good-Faith Negotiations: You and AltaBrio agree to use best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations as a precondition to initiating a lawsuit or arbitration.   
     
  • Arbitration (for non-EU/EEA Users), Waiver of Jury Trial, No Class Actions:
    • Applicability: This section (Arbitration, Waiver of Jury Trial, No Class Actions, Small Claims Court Exception, Thirty-Day Right to Opt Out, and Time Limitation on Claims) does not apply to users residing in the European Union or European Economic Area.  
       
    • Binding Arbitration: Except for disputes related to AltaBrio’s intellectual property, all claims arising from or relating to this Agreement and your use of the Services will be finally settled by binding arbitration administered by a mutually agreed-upon arbitration service (e.g., JAMS). The arbitrator has exclusive authority to resolve all disputes, including claims that the Agreement is void. The arbitrator can grant relief available in court but cannot award damages conflicting with this Agreement. The award is binding and can be entered as a judgment.  
       
    • Waiver of Jury Trial: YOU AND ALTABRIO EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.  
       
    • No Class Actions: You and AltaBrio agree that any arbitration will be conducted on an individual basis only, and not as a class action or other representative action. If a court or arbitrator finds this class-action waiver void, the entire arbitration provision may become null and void.  
       
  • Small Claims Court Exception: Notwithstanding the arbitration clause, either party may seek relief in a small claims court for disputes that fall within that court’s jurisdiction.  
     
  • Thirty-Day Right to Opt-Out of Arbitration: You may opt out of the arbitration and class-action waiver provisions by sending written notice to AltaBrio’s Legal Department within 30 days of registering for the Services. If you opt out, AltaBrio may also not be bound by these provisions and may have the right to terminate your access to the Services.  
     
  • Time Limitation on Claims: Any claim arising out of or related to your relationship with AltaBrio and these Terms must be filed within one (1) year after it arose; otherwise, it is permanently barred.  
     
  • Governing Law and Jurisdiction:
    • For non-EU/EEA Users: Actions related to these Terms, Your Content, the Services, and your relationship with AltaBrio are governed by and construed under the laws of the State of California, United States, excluding its conflict of laws principles. The UN Conventions on Contracts for the International Sale of Goods usually do not apply. Subject to the dispute resolution section, you and AltaBrio consent to bring actions in the federal or state courts located in San Francisco, California, and consent to their exclusive jurisdiction.  
       
    • For EU/EEA Users: If you are a consumer in the European Union or European Economic Area, Irish law may apply to these Terms, and Irish courts may have exclusive jurisdiction for disputes. However, local laws in your EU Member State may allow you to take legal action against AltaBrio in your Member State and invoke local laws.  
       

6. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by AltaBrio on the Services, constitute the entire agreement between you and AltaBrio concerning the Services.  
     
  • Severability: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  
     
  • No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AltaBrio’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.[2]
  • Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AltaBrio without restriction.  
     

7. Changes to These Terms

We may update our Terms of Service from time to time. We will notify you of any changes by posting the new Terms of Service on this page and updating the “Effective Date” at the top of these Terms. We will also inform you via email and/or a prominent notice on our Service, prior to the change becoming effective. You will be required to accept the updated policies to continue using the Services. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.  

8. Contact Us

If you have any questions about these Terms of Service, you can contact us:

  • By email: brian@altabrio.com