Terms of Service

Last Updated: January 2, 2025

1. Acceptance and Capacity

By using Bendhero, you represent that you:

  • Are at least 18 years old
  • Have the legal capacity to enter into contracts
  • Agree to these Terms of Service ("Terms")
  • Will use the App in compliance with all applicable laws

2. Medical Disclaimer and Assumption of Risk

2.1 Not Medical Advice

  • The App provides general fitness guidance only
  • Not a substitute for professional medical advice
  • Consult healthcare providers before starting any exercise program
  • Do not disregard professional medical advice based on App content

2.2 Assumption of Risk

By using the App, you acknowledge and agree that:

  • Exercise carries inherent risks
  • You assume all risks of injury or harm
  • You are responsible for exercising within your limits
  • You will stop activity if you experience pain or discomfort
  • You will seek medical attention when necessary

3. Limitation of Liability

3.1 Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OF AI-GENERATED CONTENT

3.2 Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • We are not liable for any damages arising from App use
  • Total liability shall not exceed amounts paid to us
  • No liability for:
    • Personal injury
    • Property damage
    • Lost profits
    • Data loss
    • Service interruptions
    • Third-party claims

4. Intellectual Property

4.1 Ownership

  • App content is protected by copyright and other IP laws
  • AI-generated content is owned by Bendhero
  • Users retain rights to user-generated content
  • Limited license granted for personal use only

4.2 Prohibited Activities

Users may not:

  • Reverse engineer the App
  • Copy or modify the App
  • Circumvent security measures
  • Create derivative works
  • Misuse AI features

5. Subscription Terms

5.1 Billing and Cancellation

  • Clear disclosure of all fees
  • Automatic renewal unless cancelled
  • Cancellation instructions provided
  • No refunds except as required by law
  • Price changes with 30 days notice

5.2 App Store Compliance

  • All purchases through official app stores
  • Subject to platform terms and conditions
  • Platform provider is not responsible for App
  • Refund requests through platform provider

6. Termination

We reserve the right to:

  • Terminate accounts immediately for violations
  • Modify or discontinue services
  • Block access from certain locations
  • Remove content without notice

7. Dispute Resolution

7.1 Governing Law

  • Laws of Spain govern these Terms
  • Exclusive jurisdiction in Spanish courts
  • Class action waiver
  • Individual capacity only

7.2 Arbitration

  • Mandatory binding arbitration
  • Small claims exception
  • Written notice required
  • Each party bears own costs

8. Severability and Survival

  • Invalid provisions severable
  • Remaining provisions continue
  • Relevant sections survive termination
  • No waiver of rights

9. Updates to Terms

  • Terms may be updated at any time
  • Notice provided for material changes
  • Continued use constitutes acceptance
  • Previous versions archived

10. Contact Information

For any questions or concerns regarding these Terms of Service, please contact:

  • Michel Rodrigues (Independent Developer)
  • Email: michel@bendhero.com

Data Protection Officer: Michel Rodrigues

EU Representative: Michel Rodrigues