Terms of Service

1. Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Service, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not access or use the Service.

2. Account Registration

To access the Service, you must create an account using a valid email address or through a supported third-party provider (Google or Apple). You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate.
• Maintain the confidentiality of your account credentials and be responsible for all activity under your account.
• Notify us immediately at support@hammoflow.app of any unauthorized use of your account or any other security breach.

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or outdated.

3. License to Use the Service

Subject to your compliance with these Terms, HammoFlow grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Service on a device you own or control, solely for your personal, non-commercial purposes.

You may not:

• Copy, modify, or distribute any part of the Service.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service.
• Sublicense, sell, rent, lease, transfer, or otherwise exploit the Service or any content therein.
• Remove or alter any proprietary notices, labels, or marks on the Service.
• Use the Service to build a competing product or service.
• Use automated means (bots, scrapers, crawlers) to access or interact with the Service.

4. User Content

You retain ownership of all content you submit to the Service, including academic data, sleep preferences, and support messages (“User Content”). By submitting User Content, you grant HammoFlow a worldwide, royalty-free, non-exclusive license to use, store, and process your User Content solely to provide and improve the Service.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate any third-party rights or applicable laws.

5. AI Features and Limitations

The Service includes AI-powered coaching features powered by Google's Gemini API (“AI Features”). You acknowledge and agree that:

• AI Features are provided for general informational and motivational purposes only and do not constitute medical, psychological, nutritional, or professional health advice.
• AI-generated responses may be inaccurate, incomplete, or unsuitable for your individual circumstances.
• You should not rely on AI Features as a substitute for professional advice, diagnosis, or treatment.
• We may impose rate limits on AI Features at any time to ensure fair use and system stability.
• Your conversations with the AI are transmitted to Google's Gemini API and subject to Google's terms and privacy policies.

6. App Blocking Feature (iOS)

The App Blocking feature uses Apple's Family Controls framework to restrict access to selected applications on your device during designated hours. You acknowledge that:

• This feature is available on iOS only and requires Family Controls entitlement approval from Apple for App Store distribution.
• App blocking schedules are enforced at the device level; we cannot guarantee uninterrupted enforcement in all scenarios.
• You are solely responsible for the apps you choose to block and any consequences of those restrictions.
• App selections are stored locally on your device and are not transmitted to our servers.

7. Health Data

With your permission, the Service may access sleep data from Apple HealthKit or Google Health Connect. You acknowledge that:

• Health data is used only to populate your sleep logs and improve your bedtime recommendations within the Service.
• Health data will not be used for advertising or shared with third parties for commercial purposes.
• You may revoke health data access at any time through your device's system settings.
• HammoFlow is not a medical device and the Service is not intended to diagnose, treat, cure, or prevent any health condition.

8. Subscriptions and Payments

HammoFlow may offer paid subscription plans (“Subscription”) that provide access to premium features. If you purchase a Subscription:

• Subscriptions are billed in advance on a recurring basis (weekly or annual, as selected) through the applicable app store (Apple App Store or Google Play).
• Your subscription will automatically renew unless you cancel at least 24 hours before the end of the current billing period.
• You may manage or cancel your subscription through your device's app store account settings at any time.
• Refunds are subject to the refund policies of the applicable app store. We do not process refunds directly.
• Prices are subject to change upon reasonable notice. Continued use of the Service after a price change constitutes acceptance of the new price.
• Free trial periods, if offered, will convert to paid subscriptions at the end of the trial unless cancelled beforehand.

9. Referral Program

HammoFlow offers a referral program through which existing users may share a referral code with new users. By participating in the referral program, you agree that:

• Referral codes may only be applied once per account and only during initial account setup, before onboarding is complete.
• Self-referrals are prohibited.
• Referral bonuses (additional trial days) are tracked and will be applied to trial duration calculations when a subscription system is implemented.
• Each referral code is subject to a maximum of 25 successful uses and a maximum bonus accrual of 90 days per referrer.
• We reserve the right to revoke referral bonuses or terminate referral program participation if we detect abuse, fraud, or violation of these Terms.
• Referral bonuses have no cash value and are non-transferable.

10. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service.
• Interfere with or disrupt the integrity or performance of the Service.
• Upload or transmit any harmful, offensive, or disruptive content through the Service.
• Create multiple accounts to circumvent referral limits, rate limits, free trial limits, or other restrictions.
• Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks.

11. Intellectual Property

The Service and its original content, features, and functionality — including but not limited to the HammoFlow name, logo, design, text, graphics, software, and underlying technology — are and will remain the exclusive property of HammoFlow and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use HammoFlow's trademarks, logos, or other proprietary information without prior written consent.

12. Third-Party Services

The Service integrates with third-party services including Google Sign-In, Sign in with Apple, Google Gemini, Apple HealthKit, and Google Health Connect. Your use of these third-party services is governed by their respective terms of service and privacy policies. HammoFlow is not responsible for the practices or content of any third-party services.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

HAMMOFLOW DOES NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, OR HEALTH ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH PROVIDER REGARDING ANY MEDICAL CONDITIONS OR CONCERNS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAMMOFLOW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF HAMMOFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO HAMMOFLOW IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN THOSE JURISDICTIONS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnification

You agree to defend, indemnify, and hold harmless HammoFlow and its officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; or (d) any claim that your User Content caused damage to a third party.

16. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall first be resolved by good-faith negotiation. If negotiation fails, disputes shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, with proceedings conducted in English. You waive any right to participate in a class-action lawsuit or class-wide arbitration.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.

If you are a consumer resident in the European Union, United Kingdom, or a jurisdiction that does not permit mandatory arbitration of consumer disputes, the arbitration clause above may not apply to you, and you may have the right to bring claims in the courts of your home country.

17. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms.

You may delete your account at any time by contacting us at support@hammoflow.app. Upon termination, your license to use the Service immediately ceases and we may delete your User Content in accordance with our Privacy Policy.

Sections 4, 11, 13, 14, 15, and 16 shall survive termination of these Terms.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide at least 14 days' notice via in-app notification or email before the new Terms take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.

19. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and HammoFlow regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
• Force Majeure: HammoFlow will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

20. Contact Us

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

HammoFlow
support@hammoflow.app