Terms of Service

1.1 Agreement to Terms

By accessing or using DrivePhase, you represent and warrant that:

• You have read and understand these Terms in their entirety
• You have the legal capacity to enter into this Agreement
• You are at least 13 years of age (or the minimum age required in your jurisdiction)
• If you are between 13 and 18 years of age, you have obtained parental or guardian consent
• You will comply with all applicable laws and regulations

1.2 Modifications to Terms

DrivePhase reserves the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification at least thirty (30) days prior to taking effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

1.3 Additional Terms

Certain features of the Service may be subject to additional terms and conditions, which will be presented to you at the time of access. Such additional terms are incorporated by reference into these Terms.

2.1 Service Overview

DrivePhase is an AI-powered athletic performance analysis platform that provides:

• Video analysis of track and field sprinting technique using computer vision and biomechanical modeling
• AI-generated coaching feedback and performance insights
• Nutrition tracking and AI-powered dietary analysis
• Training plan generation and workout tracking
• AI coaching chat assistant for training guidance

2.2 Service Availability

DrivePhase is provided on an "as available" basis. We do not guarantee uninterrupted, continuous, or secure access to the Service. The Service may be modified, suspended, or discontinued at any time without prior notice.

2.3 Supported Platforms

DrivePhase is available on iOS, Android, and macOS. System requirements and supported versions may change over time.

3.1 Age Requirements

• Minimum Age: You must be at least 13 years of age to use DrivePhase
• Parental Consent: Users between 13 and 18 years of age must have parental or legal guardian consent prior to creating an account
• Age Verification: We reserve the right to request verification of age and parental consent at any time
• COPPA Compliance: We comply with the Children's Online Privacy Protection Act (COPPA). If we discover that a user under 13 has created an account without parental consent, we will terminate the account and delete associated data

3.2 Account Creation

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

3.3 Account Restrictions

• One person or legal entity may maintain only one (1) account
• Accounts are personal and non-transferable
• You may not share your account credentials with any third party
• You may not create accounts on behalf of others without their authorization
• Corporate or team accounts require separate agreement

3.4 Account Verification

We may require identity verification for certain account activities, including but not limited to data access requests or dispute resolution.

4.1 Subscription Tiers

DrivePhase offers the following subscription tiers:

Pricing is subject to change with at least thirty (30) days notice to existing subscribers.

4.2 Free Trial

• New users may be eligible for a one-time three (3) day free trial of Pro features
• Free trial is limited to one (1) trial per person, device, or payment method
• No payment information is required to start a free trial (if offered without payment method on file)
• If payment information is provided, you will be charged at the end of the trial period unless you cancel before the trial expires
• Trial abuse (including creating multiple accounts) may result in account termination

4.3 Billing and Payment

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• All payments are processed through Apple App Store (iOS) or Google Play Store (Android)
• DrivePhase does not directly collect, process, or store payment card information
• You authorize DrivePhase and the applicable app store to charge your selected payment method
• Prices displayed are in United States Dollars (USD) unless otherwise specified
• Applicable taxes may be added to subscription prices

4.4 Automatic Renewal

SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS CANCELED.

• Your subscription will automatically renew at the end of each billing period
• Renewal charges occur within 24 hours prior to the end of the current billing period
• The renewal rate will be the then-current subscription price
• You are responsible for canceling your subscription prior to renewal if you do not wish to continue

4.5 Cancellation

You may cancel your subscription at any time through your device settings:

• iOS: Settings > [Your Name] > Subscriptions > DrivePhase > Cancel Subscription
• Android: Google Play Store > Menu > Subscriptions > DrivePhase > Cancel Subscription
• Cancellation takes effect at the end of the current billing period
• You retain access to Pro features until the subscription expires
• DrivePhase cannot cancel subscriptions on your behalf
• No partial refunds are provided for unused subscription periods

4.6 Refunds

• All subscription payments are processed by Apple App Store or Google Play Store
• Refund requests must be submitted directly to the applicable app store
• DrivePhase cannot process refunds for subscription payments
• Refund eligibility is determined by Apple or Google's refund policies

4.7 Subscription Changes

• Upgrading: Upgrades from Free to Pro take effect immediately; you will be charged the full subscription price
• Downgrading: Downgrades take effect at the end of your current billing period
• Data Retention: When downgrading to Free tier, content exceeding Free tier limits (videos beyond 3) may be archived or deleted after 30 days notice
• No Pro-Rating: Subscription changes do not include pro-rated refunds or credits

4.8 Payment Failures

• If your payment method is declined, your subscription will be terminated
• We are not obligated to notify you of failed payments (notifications are provided by Apple/Google)
• Upon payment failure, you immediately lose access to Pro features
• To restore access, you must resubscribe with a valid payment method

5.1 General Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct and any content you create, upload, or share.

5.2 Prohibited Content

You agree NOT to create, upload, post, transmit, or share any content that:

Harmful Content:

• Contains threats, harassment, bullying, or intimidation
• Promotes or glorifies violence, self-harm, or suicide
• Contains graphic violence, gore, or disturbing imagery
• Exploits, endangers, or sexualizes minors in any way

Hateful Content:

• Attacks individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or medical condition
• Contains slurs, derogatory language, or hate symbols
• Promotes or supports hate groups or extremist organizations

Adult Content:

• Contains nudity, sexually explicit material, or pornography
• Contains sexually suggestive content involving minors
• Promotes sexual services or solicitation

Illegal Content:

• Violates any applicable local, state, national, or international law
• Promotes illegal activities, including drug use or trafficking
• Contains or promotes performance-enhancing drugs or banned substances
• Infringes on intellectual property rights (copyright, trademark, patent)
• Contains malware, viruses, or other harmful code

Deceptive Content:

• Contains false, misleading, or fraudulent information
• Impersonates any person, entity, or brand
• Misrepresents athletic credentials, records, or achievements
• Promotes scams, pyramid schemes, or fraudulent offers

Spam and Abuse:

• Unsolicited advertising, promotions, or commercial solicitation
• Repetitive, mass-distributed, or automated content
• Phishing attempts or malicious links
• Content designed to artificially inflate engagement

5.3 Prohibited Activities

You agree NOT to:

Platform Abuse:

• Create multiple accounts or circumvent account restrictions
• Use bots, scripts, crawlers, or automated tools without authorization
• Attempt to reverse engineer, decompile, or extract source code
• Bypass, disable, or interfere with security features
• Exploit bugs, vulnerabilities, or system errors
• Manipulate AI features, rate limits, or usage restrictions

Data Abuse:

• Harvest, scrape, or collect user information without consent
• Store or transmit other users' personal information
• Share or sell user data to third parties
• Access accounts or data belonging to other users

Service Disruption:

• Interfere with or disrupt the Service or servers
• Overload infrastructure with excessive requests
• Introduce malicious code or security threats
• Conduct denial-of-service attacks

5.4 Enforcement

Violations of these conduct standards may result in:

• Content removal
• Account warning
• Temporary suspension (24 hours to 30 days)
• Permanent account termination
• Legal action where appropriate
• Reporting to law enforcement for illegal activity

6.1 Zero Tolerance Policy

DrivePhase maintains zero tolerance for objectionable content, particularly:

• Child sexual abuse material (CSAM)
• Credible threats of violence
• Content promoting terrorism
• Non-consensual intimate imagery

Such content will result in immediate permanent ban and may be reported to law enforcement.

6.2 Reporting Issues

To report violations or issues:

• Email support@drivephase.com with details
• We will review and respond within 5 business days

7.1 DrivePhase Intellectual Property

The Service, including but not limited to the software, algorithms, AI models, user interface, graphics, logos, trademarks, and all related intellectual property, is owned by or licensed to DrivePhase LLC. All rights not expressly granted herein are reserved.

You may not:

• Copy, modify, adapt, or create derivative works
• Distribute, license, sell, or transfer any part of the Service
• Use DrivePhase trademarks without written permission
• Remove or alter proprietary notices or labels

7.2 User Content License

By uploading, posting, or transmitting content to DrivePhase ("User Content"), you grant DrivePhase LLC a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to:

• Store and Display: Store, reproduce, and display your content to provide the Service
• Process and Analyze: Process your content for video analysis, AI feedback, and feature functionality
• Improve Services: Use anonymized or aggregated data derived from your content to improve our AI models, algorithms, and Service quality
• Enforce Policies: Review content for compliance with these Terms

This license continues for the duration of your account and for a reasonable period thereafter to enable backup restoration, dispute resolution, and legal compliance.

7.3 Content Ownership

You retain all ownership rights to your User Content. The license granted above does not transfer ownership.

7.4 Content Representations

By uploading User Content, you represent and warrant that:

• You own or have the necessary rights to the content
• Your content does not infringe any third party's intellectual property rights
• Your content does not violate any applicable law
• You have obtained consent from any individuals appearing in your content

7.5 DMCA and Copyright Claims

DrivePhase respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA).

To submit a copyright infringement notice, contact:

Include: (1) identification of the copyrighted work, (2) identification of the infringing material with sufficient detail to locate it, (3) your contact information, (4) a statement of good faith belief, (5) a statement of accuracy under penalty of perjury, and (6) your physical or electronic signature.

8.1 AI-Powered Analysis

DrivePhase uses artificial intelligence and machine learning technologies, including but not limited to:

• MediaPipe for pose estimation and biomechanical analysis
• OpenAI GPT models for coaching feedback and chat responses
• Computer vision for video processing and annotation
• Nutrition recognition AI for food photo analysis

8.2 AI Limitations and Disclaimers

AI IS NOT INFALLIBLE. You acknowledge and agree that:

• AI analysis and recommendations may contain errors or inaccuracies
• AI-generated content is for informational and educational purposes only
• AI coaching does not replace professional coaching, medical advice, or expert consultation
• You should independently verify important information before acting on AI recommendations
• AI responses may not be appropriate for all users or situations

8.3 AI Data Processing

When you use AI features, your data may be processed by third-party AI providers:

• OpenAI (GPT-4o-mini): Processes AI chat messages and coaching requests; processes food photos for nutrition recognition; may use data to improve their services per OpenAI's policies
• Anthropic (Claude) — Backup Provider: May process requests if primary AI is unavailable

8.4 AI Content Restrictions

When using AI chat features, you agree NOT to:

• Request medical diagnosis or treatment recommendations
• Seek information about performance-enhancing drugs or banned substances
• Submit questions unrelated to athletic training and performance
• Attempt to bypass AI safety measures or guardrails
• Generate harmful, illegal, or prohibited content through AI

8.5 AI Training and Improvement

By using the Service, you grant DrivePhase permission to use anonymized, aggregated, or de-identified data derived from your usage to:

• Train and improve our proprietary AI models
• Enhance analysis accuracy and coaching quality
• Develop new features and capabilities

You may opt out of contributing to AI training by contacting support@drivephase.com. Opting out does not affect data sent to third-party AI providers, which is governed by their respective policies.

9.1 Service Providers

DrivePhase integrates with the following third-party services:

Cloud Infrastructure:

• Supabase: Database, authentication, and file storage
• Google Cloud Platform: Backend API hosting and computing

AI Services:

• OpenAI: AI chat and analysis
• Anthropic: Backup AI provider
• MediaPipe (Google): Local pose estimation (no data transmitted)

Nutrition APIs:

• FatSecret: Nutrition database
• USDA FoodData Central: Food composition data (public government API)
• Open Food Facts: Community nutrition database

Payment Processing:

• Apple App Store: iOS subscriptions
• Google Play Store: Android subscriptions

9.2 Third-Party Terms

Your use of third-party services is subject to their respective terms of service and privacy policies. DrivePhase is not responsible for third-party practices.

9.3 External Links

The Service may contain links to third-party websites or services. DrivePhase is not responsible for the content, privacy practices, or availability of external sites.

10.1 "AS IS" and "AS AVAILABLE"

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.

10.2 No Guarantee of Results

DrivePhase does not guarantee that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Results from the Service will be accurate or reliable
• Any errors will be corrected
• Use of the Service will improve your athletic performance

10.3 Athletic and Training Disclaimer

DRIVEPHASE IS NOT A SUBSTITUTE FOR PROFESSIONAL COACHING OR MEDICAL ADVICE.

• Information provided is for educational and informational purposes only
• Consult a qualified coach for personalized training guidance
• Consult a healthcare professional before beginning any exercise program
• We do not diagnose, treat, or prevent any medical condition or injury
• You assume all risks associated with athletic training activities

10.4 Nutrition Disclaimer

DRIVEPHASE DOES NOT PROVIDE MEDICAL OR NUTRITIONAL ADVICE.

• Nutrition features are for tracking and informational purposes only
• AI nutrition estimates may be inaccurate
• Consult a registered dietitian or healthcare provider for dietary guidance
• Do not use nutrition features to manage medical conditions

10.5 User Content Disclaimer

We do not endorse, verify, or guarantee the accuracy of User Content. You interact with other users and rely on User Content at your own risk.

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVEPHASE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or goodwill
• Business interruption
• Personal injury or property damage
• Unauthorized access to or alteration of your data
• Statements or conduct of third parties
• Any other intangible losses

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DRIVEPHASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRIVEPHASE'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

(a) THE AMOUNT YOU PAID TO DRIVEPHASE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR

(b) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD)

11.3 Essential Purpose

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11.4 Jurisdictional Variations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless DrivePhase LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third party's rights, including intellectual property rights
• Your violation of any applicable law or regulation
• Any dispute between you and another user
• Injuries sustained during training activities based on Service information
• Any claim that your User Content caused damage to a third party

12.2 Defense and Settlement

DrivePhase reserves the right to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense. You may not settle any claim without our prior written consent.

13.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact DrivePhase at support@drivephase.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within sixty (60) days.

13.2 Binding Arbitration

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved exclusively through binding arbitration, rather than in court, except that:

• You may assert claims in small claims court if your claims qualify
• Either party may seek injunctive relief in court for intellectual property infringement

Arbitration Rules:

• Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
• Arbitration shall take place in Indianapolis, Indiana, or at a mutually agreed location, or via video/telephone if requested
• The arbitrator's decision shall be final and binding
• Judgment on the arbitration award may be entered in any court of competent jurisdiction

Arbitration Fees:

• For claims under $10,000, DrivePhase will pay all AAA filing and arbitrator fees
• For claims over $10,000, fees will be shared per AAA rules
• Each party shall bear its own attorneys' fees unless the arbitrator awards fees to the prevailing party

13.3 Class Action Waiver

YOU AND DRIVEPHASE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate multiple persons' claims and may not preside over any form of class, collective, or representative proceeding.

13.4 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to support@drivephase.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out. Opting out does not affect other provisions of these Terms.

13.5 Survival

This arbitration agreement shall survive termination of your account and these Terms.

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict of law provisions.

14.2 Jurisdiction

For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Marion County, Indiana, United States.

14.3 International Users

If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws. These Terms shall still be governed by Indiana law.

15.1 Termination by You

You may terminate your account at any time by:

• Deleting your account through Settings > Account > Delete Account
• Contacting support@drivephase.com with a deletion request

Account deletion will be processed within thirty (30) days.

15.2 Termination by DrivePhase

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms or Community Guidelines
• You engage in fraudulent, illegal, or harmful activity
• We are required to do so by law or legal process
• We discontinue the Service or specific features
• Your subscription payment fails and is not remedied

15.3 Effect of Termination

Upon termination:

• Your right to access the Service is immediately revoked
• Your subscription benefits cease immediately (no pro-rated refunds)
• Your User Content may be deleted (except as required for legal compliance)
• Provisions that by their nature should survive will remain in effect (including Sections 7, 11, 12, 13, 14, and 18)

15.4 Data Retention After Termination

• User Content: Deleted within 30 days
• Account records: May be retained for up to 7 years for legal and tax purposes
• Aggregated/anonymized data: May be retained indefinitely
• Backup data: Purged within 90 days

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in the Privacy Policy.

17.1 Entire Agreement

These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and DrivePhase LLC regarding the Service and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by DrivePhase.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. DrivePhase may assign these Terms without restriction.

17.5 Force Majeure

DrivePhase shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, labor disputes, government actions, or internet failures.

17.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to DrivePhase should be sent to support@drivephase.com or:

17.7 Headings

Section headings are for convenience only and do not affect interpretation.

17.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

For questions, concerns, or support: