Terms of Service

These Terms of Service (the “Terms”) constitute a binding agreement between you and Daniel Namatinia, an individual developer trading as a sole trader (“we”, “us”, “our”), governing your use of the mobile application Alignment: Posture & Back Pain (the “App”), its content and any related services. By downloading, installing or using the App you accept these Terms in full. If you do not accept them, you must not use the App.

These Terms additionally constitute the end user licence agreement for the App as distributed through the Apple App Store and Google Play. Our Privacy Policy forms part of this agreement.

Your attention is drawn in particular to clause 7 (Health and Safety Disclaimer), clause 11 (Disclaimer of Warranties) and clause 12 (Limitation of Liability).

1Licence and Use of the App

1.1 Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable and revocable licence to use the App for your own non-commercial purposes on devices that you own or control. Where the App was obtained from the Apple App Store, the licence set out at clause 14.2 applies in place of this clause and prevails to the extent of any inconsistency.

1.2 We may add to, modify or withdraw features of the App, and may suspend the service for maintenance or for reasons beyond our reasonable control. We do not warrant that the App will be available without interruption or free from error, or that it will be compatible with every device or operating system version. In the event that the App is discontinued in its entirety, reasonable notice will be given together with a means of exporting your data.

1.3 You may cease using the App at any time by deleting it and your account. We may suspend or terminate your access where you are in serious or repeated breach of these Terms, or where we are required to do so by law. Clauses 6, 7, 9, 11, 12, 13 and 14 survive termination.

2Accounts

2.1 An account is created automatically upon first launch of the App in order that your progress may be stored and synchronised, prior to any sign-in. You may subsequently associate a verified identity with that account by means of Sign in with Apple, Sign in with Google, or an emailed sign-in code.

2.2 You are responsible for all activity conducted under your account and for maintaining the security of your sign-in method. You must provide accurate information, keep it current, and notify us promptly where you believe that a third party has obtained access to your account. You must not share your account or permit its use by any other person.

2.3 You may delete your account at any time. Within the App, this is effected at Profile → Delete account & reset data; the remaining categories are erased upon written request. The scope of each route is set out on the account deletion page and at clause 8.1 of the Privacy Policy.

3Subscriptions and Payments

3.1 Certain features of the App require Alignment Pro, an auto-renewing subscription. Prices and any trial period are displayed within the App prior to confirmation of purchase, in your local currency. Payment is taken by Apple or Google through your platform account and not by us directly.

3.2 Free trials. Where auto-renewal is not disabled at least 24 hours before the expiry of the three-day trial, the trial converts automatically to a paid yearly subscription at the price displayed and your Apple Account or Google account is charged. Trials are limited to one per user or per platform account. We may vary or withdraw trial offers at any time.

3.3 Refunds. Payment is taken by Apple or Google, and refunds are accordingly administered under their respective policies. We are unable to issue refunds directly. Requests in respect of App Store purchases should be submitted at reportaproblem.apple.com; requests in respect of Google Play purchases should be submitted through the order history in the Google Play Store. We will assist in directing any such request.

3.4 Consumers in the European Union and the United Kingdom. You are ordinarily entitled to a period of 14 days within which to withdraw from a distance contract for digital content. By commencing your subscription and using the App immediately, you request that supply begin forthwith and acknowledge that the right of withdrawal is lost once the content has been fully supplied. This does not affect any statutory right arising where the App is defective. Refund requests remain subject to clause 3.3.

3.5 Price variation. We may vary prices or the composition of a plan. No variation affects a period already paid for. Where required by law, notice will be given and an opportunity to cancel afforded before a revised price takes effect.

4Scan Results and Scores

4.1 The posture and flexibility scans produce estimates derived from a pose-estimation model executed on your device. Their accuracy is dependent upon lighting, framing, clothing, the level of the device and your stance. The App indicates where a reading is of reduced reliability and declines to record a measurement it is unable to substantiate.

4.2 Scores are indicative of trend and constitute a starting point only. They are not a measurement of your health, not an assessment of injury and not a diagnosis of any condition. No medical decision should be taken on their basis, and they are not a substitute for professional assessment.

4.3 Scan imagery does not leave your device. The processing applied is described at clause 2 of the Privacy Policy.

5Third-Party Services

5.1 The App depends upon third-party services in its operation, namely Supabase for accounts and data, RevenueCat for subscription management, PostHog for analytics, Sentry for diagnostic reporting, and Apple and Google for sign-in, distribution and billing. Their processing of personal information is described at clause 4 of the Privacy Policy.

5.2 You must comply with any applicable third-party terms of agreement in your use of the App, including the terms of your wireless data plan and the terms of the Apple App Store or Google Play.

6Acceptable Use

6.1 You must not:

• copy, resell, sublicense, rent, lend, broadcast or publicly perform the App or its content;
• reverse-engineer, decompile or disassemble the App, or attempt to extract its source code, models or scoring logic, save to the extent that such restriction is prohibited by law;
• use the App for any unlawful purpose, or for the development or training of a competing product or model;
• remove or obscure any proprietary notice;
• interfere with the operation or security of the App, probe it, or attempt to access the data of another user;
• employ automated means, including bots and scrapers, to access the service or to impose an unreasonable load upon it.

6.2 We may suspend access in the event of a breach of this clause.

7Health and Safety Disclaimer

7.1 The App provides general wellness, movement and postural-habit content. It does not constitute medical advice, physiotherapy, diagnosis or treatment, and it is not a substitute for care provided by a qualified professional. The App does not diagnose, treat, cure or prevent any condition.

7.2 You should consult a physician or physiotherapist before commencing use, in particular where you are pregnant, are recovering from surgery or injury, or have any condition affecting your back, neck, joints, heart, blood pressure or balance.

7.3 You should move only within a comfortable range, should not force any stretch, and should not continue through pain. You must cease immediately upon experiencing pain, dizziness, faintness, numbness, tingling, chest discomfort or shortness of breath, and should seek medical attention where such symptoms persist.

7.4 You participate at your own risk. You are responsible for selecting a clear, stable and non-slip space in which to exercise and for the safe use of any equipment.

7.5 Where you believe that you are experiencing a medical emergency, you should contact your local emergency number. The App must not be used for that purpose.

7.6 By using the App you confirm that you are physically able to undertake the activity it suggests and that you accept the risks inherent in physical exercise.

8Age Requirement

8.1 You must be at least 16 years of age, or the age of digital consent in your jurisdiction where that age is higher, and capable of entering into a binding contract. Where you are under 18 years of age, you may use the App only with the knowledge and permission of a parent or guardian. The App is not intended for children.

9Intellectual Property

9.1 The App, together with its routines and exercise content, scoring models, illustrations, designs, text, trade marks and branding, is owned by us or by our licensors and is protected by intellectual property law. These Terms transfer no ownership to you. All rights not expressly granted are reserved.

10User Content

10.1 You retain ownership of content you create within the App, including custom routines, profile details and correspondence sent to us. You grant us a worldwide, royalty-free licence to store, copy and process such content solely to the extent necessary to operate the service for you.

10.2 Where you submit feedback or suggestions, we may use them in the improvement of the App without obligation of compensation or confidentiality.

11Disclaimer of Warranties

11.1 To the fullest extent permitted by law, the App is provided “as is” and “as available”, without warranty of any kind, whether express or implied, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.

11.2 We do not warrant that the App, its content, its scores or its observations will be accurate, reliable, complete, current, uninterrupted or suitable for you or for your circumstances.

11.3 Where you are a consumer, nothing in this clause affects the statutory rights conferred upon you by the law of your jurisdiction.

12Limitation of Liability

12.1 To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, punitive or consequential loss, nor for loss of profit, revenue, data, goodwill or anticipated savings, arising out of or in connection with the use of or inability to use the App.

12.2 Our total aggregate liability in respect of all claims arising out of or in connection with the App, whether in contract, tort (including negligence) or otherwise, shall not exceed the sums paid by you to us in the twelve months preceding the event giving rise to the claim.

12.3 Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, liability for fraud or fraudulent misrepresentation, and any other liability which applicable law does not permit to be limited. Where you are a consumer, your statutory rights are unaffected.

13Governing Law

13.1 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the law of the country in which we are established, without regard to its conflict of law principles.

13.2 Where you are a consumer, you additionally retain the protection of the mandatory consumer-protection provisions of the law of your country of residence, and may bring proceedings in the courts of that country. Nothing in this clause derogates from that entitlement.

13.3 You are invited to contact us in the first instance in respect of any dispute.

14Apple App Store Licence Terms

Where the App was obtained from the Apple App Store, this clause applies and forms part of these Terms as the Licensed Application End User Licence Agreement.

14.1 Acknowledgement. You and we acknowledge that this agreement is concluded between you and us alone, and not with Apple, and that we, and not Apple, are solely responsible for the App and its content.

14.2 Scope of licence. The licence granted to you in respect of the App is a limited, non-transferable licence to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, save that the App may also be accessed and used by other accounts associated with you by means of Family Sharing or volume purchasing.

14.3 Maintenance and support. We are solely responsible for the provision of any maintenance and support services in respect of the App, as specified in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the App.

14.4 Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever in respect of the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.

14.5 Product claims. We, and not Apple, are responsible for addressing any claim of yours or of any third party relating to the App or to your possession or use of the App, including without limitation: product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy or similar legislation.

14.6 Intellectual property rights. You and we acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, and not Apple, are solely responsible for the investigation, defence, settlement and discharge of any such claim.

14.7 Legal compliance. You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.

14.8 Developer name and contact. The App is published by Daniel Namatinia. Any question, complaint or claim in respect of the App should be directed to danielnamatinia02@gmail.com.

14.9 Third-party terms. You must comply with any applicable third-party terms of agreement in your use of the App, including the terms of your wireless data plan.

14.10 Third-party beneficiary. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary thereof.

14.11 Google Play. Where the App was obtained from Google Play, this agreement is concluded between you and us alone and not with Google. Google is not responsible for the App or its content and has no obligation to provide maintenance or support in respect of it. Your use of Google Play is additionally governed by the Google Play Terms of Service.

15Changes to These Terms

15.1 We may amend these Terms from time to time. The revised Terms will be published on this page and the effective date amended accordingly. Where an amendment is material, notice will be given within the App prior to the amendment taking effect. Continued use of the App following that date constitutes acceptance of the amended Terms. Where you do not accept them, you must cease using the App and delete your account.

15.2 These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in respect of the App. Where any provision is held to be unenforceable, the remaining provisions continue in full force. No failure or delay in exercising a right constitutes a waiver of it. You may not assign these Terms; we may assign them upon a transfer of the App.

16Contact

Enquiries concerning these Terms should be directed to:

danielnamatinia02@gmail.com

Daniel Namatinia, sole trader, publisher of Alignment.