These Terms and Conditions (“Terms”) form a legally binding agreement between you (“User,” “you,” or “your”) and Allheartz, Inc. (“Allheartz,” “Company,” “we,” “us,” or “our”) governing your access to and use of the Allheartz athletic platform, including any mobile applications, web-based interfaces, and related services (collectively, the “Services”).
You accept these Terms when you check the boxes presented during account registration indicating that you have read and agree to these Terms and to our Privacy Policy, or when you otherwise access or use the Services. If you do not agree, do not use the Services.
Allheartz provides a platform that enables users to capture, analyze, and track human movement through video-based analysis and derived performance metrics. The Services are intended solely for movement analysis, performance tracking, and training and athletic-development insights.
The Services are not intended to diagnose, treat, prevent, or cure any medical condition, and do not provide medical advice. All outputs are informational only, and the interpretation and use of results are your responsibility.
You must be able to form a binding contract to use the Services. The Services are intended for users age 13 and older. They are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete it.
By permitting a minor to use the Services, the parent or guardian consents to the collection and use of the minor’s data (including biometric data as described in Section 6), accepts responsibility for the minor’s use, and acknowledges that the Services provide performance-related insights only.
To use the Services you must create an account. You agree that all information you provide is accurate and complete, that you will maintain the confidentiality of your login credentials, and that you are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use.
The Services allow users to capture video of movement, generate movement-based measurements and metrics, and share results with authorized coaching, training, medical, or specialty staff and other authorized organizational personnel. You acknowledge that all outputs are informational only and that interpretation and use of results are your responsibility.
Certain features of the Services collect and analyze biometric identifiers and biometric information, including video of your body and derived movement, gait, posture, and biomechanical patterns. These are treated as biometric data under laws such as the Illinois Biometric Information Privacy Act (“BIPA”) and similar state laws.
By accepting these Terms and our Privacy Policy during registration, you (or, for a minor, the parent or guardian) provide informed written consent to Allheartz’s collection, storage, and use of this biometric data for the purposes described in these Terms, our Privacy Policy, and our Biometric Data Notice. Allheartz will not sell, lease, trade, or otherwise profit from your biometric data.
Retention and destruction. Allheartz retains biometric data only as long as needed to provide the Services and fulfill the purpose for which it was collected, or within three (3) years after your last interaction with the Services, whichever occurs first, after which it is permanently destroyed in accordance with our Biometric Data Retention Schedule, except where a longer period is required by law.
7.1 Types of Data
The Company may collect video recordings, movement measurements, derived performance metrics, user-provided information, and device and usage data, as further described in our Privacy Policy.
7.2 How Video and Movement Data Are Stored and Processed
When you submit a recording, our systems process it to generate movement measurements and derived metrics (for example, joint angles and motion patterns). Your video recordings and the derived measurements are stored on secure, industry-leading cloud infrastructure, protected by administrative, technical, and physical safeguards and by contractual security commitments from our cloud service providers. We retain this information as described in our Privacy Policy and, where applicable, in accordance with your and your organization’s account settings, including account deactivation.
7.3 Platform Improvement and AI/Model Development
You acknowledge and agree that Allheartz may use your video, images, movement data, and derived measurements to develop, train, validate, and improve its models, algorithms, and Services. Some model development requires authorized personnel to review and label identifiable video and derived outputs (for example, to verify or correct movement keypoints and angles). Allheartz also maintains and uses a separate de-identified and aggregated dataset for development. Access to identifiable video for these purposes is limited to authorized personnel and contractors under confidentiality and security obligations, and Allheartz does not sell this data.
You grant Allheartz a worldwide, royalty-free, perpetual license to use your video, movement data, derived measurements, and de-identified and aggregated data for the purposes described in this Section. This license survives termination of your account.
7.4 Research Participation and Opt-Out
Allheartz may conduct research related to human movement and performance. Participation in formal research is voluntary; you may opt in or opt out during registration and change your preference at any time. Opting out of research does not prevent Allheartz from using de-identified and aggregated data for internal product improvement, analytics, and system optimization as described in Section 7.3.
7.5 Data Sharing
You acknowledge that data may be shared with authorized coaches, trainers, team, clinical, specialty, or organizational personnel, and with service providers that process data to support platform functionality. All such parties are required to maintain appropriate confidentiality and security measures.
The Services do not provide medical advice, diagnosis, or treatment recommendations. The platform is not a substitute for professional medical evaluation, and you agree that you will not rely on the Services for medical decision-making. Any general educational content made available through the platform is provided for informational purposes only and does not constitute medical advice.
The Services may function as a communication medium through which coaches, trainers, clinicians, or other authorized users share their own opinions, recommendations, guidance, or media. Any such communication reflects the sender’s own judgment, not Allheartz’s, and Allheartz does not review, endorse, or take responsibility for it.
Use of the Services may involve physical movement and athletic activity. You acknowledge that physical activity carries inherent risks, including risk of injury, and you assume those risks. You should consult a qualified professional before beginning any exercise or training program. For minors, the parent or guardian accepts these risks on the minor’s behalf.
Where Allheartz offers features that connect you with licensed professionals (for example, virtual physical therapists or athletic trainers under an add-on such as “TeamGuard”), those professionals are solely responsible for their own professional judgment and for compliance with applicable licensure and scope-of-practice requirements. Such features are provided subject to any additional terms and consents presented at the time of use.
You agree to use the Services only for lawful purposes; not to misuse, interfere with, or disrupt the platform; not to reverse engineer or attempt to access underlying technology; not to access unauthorized accounts or information; and not to upload malicious software or unlawful content.
All content, software, algorithms, analytical methods, and materials associated with the Services are the exclusive property of Allheartz. Any feedback or suggestions you provide may be used by Allheartz without restriction or compensation.
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Allheartz disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, and makes no warranty regarding the accuracy of results or uninterrupted operation.
To the fullest extent permitted by law, Allheartz shall not be liable for any indirect, incidental, consequential, special, or punitive damages. Allheartz’s total aggregate liability arising out of or relating to the Services shall not exceed the greater of (a) the amounts you paid to Allheartz in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).
Nothing in these Terms limits liability that cannot be limited under applicable law, including for gross negligence, willful misconduct, or fraud.
You agree to indemnify and hold harmless Allheartz and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your misuse of the Services, your violation of these Terms or applicable law, or content you upload. Where an organization (such as a team or school) registers users, that organization agrees to the same indemnity with respect to its authorized users.
Allheartz implements reasonable administrative, technical, and physical safeguards designed to protect user data. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
These Terms remain in effect while you use the Services. You may deactivate your account at any time, and authorized coaches or organizational personnel may deactivate accounts they manage. Allheartz may suspend or terminate access for violations of these Terms or as necessary to protect the Services or other users. Following deactivation or termination, we retain or delete information as described in the Privacy Policy. Provisions that by their nature should survive termination — including Sections 6, 7, 12, 14, and 15 — survive.
Allheartz may update these Terms periodically. We will update the “Last Updated” date and, for material changes, provide reasonable notice. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules.
Informal resolution first. Before starting arbitration, you agree to try to resolve any dispute informally by contacting hello@allheartz.com. If it is not resolved within 30 days, either party may proceed to arbitration.
Binding individual arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, seated in Alameda County, California. Judgment on the award may be entered in any court of competent jurisdiction.
Class-action waiver. Disputes will be arbitrated only on an individual basis. You and Allheartz waive any right to bring or participate in a class, collective, consolidated, or representative action. Where many similar demands are filed, the parties agree the arbitrator may administer them in batches or bellwether proceedings.
30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing hello@allheartz.com with your name and account. Opting out does not affect the remaining provisions of these Terms.
Arbitration fees. As required by the AAA Consumer Arbitration Rules, Allheartz will pay the arbitration fees allocated to it, and will pay any fees you would otherwise owe beyond the standard consumer filing fee, except for claims the arbitrator determines are frivolous or filed for an improper purpose.
Carve-outs. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information.
Minors. For a user under 18, the parent or legal guardian who accepts these Terms agrees to this Section 19, including the arbitration agreement and class-action waiver, on the minor’s behalf.
If any provision is found unenforceable, the remaining provisions remain in effect. These Terms, together with the Privacy Policy and any additional terms presented in the Services, constitute the entire agreement between you and Allheartz. Allheartz may assign these Terms; you may not assign them without our consent. Our failure to enforce a provision is not a waiver. Neither party is liable for delays or failures caused by events beyond its reasonable control.
Allheartz, Inc., Oakland, California. Questions about these Terms may be sent to hello@allheartz.com.