Terms of Service

Please read these Terms of Service carefully before using the Tortoise mobile application. By downloading, accessing, or using Tortoise, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, downloading, installing, or using Tortoise (the "App"), you agree to these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the App. We may update these Terms from time to time, and your continued use constitutes acceptance of any changes.

2. Description of Service

Tortoise provides:

• AI-powered marathon training plans
• Gamified running experiences with XP, streaks, and leagues
• Running education and knowledge content
• Social features including friend connections and challenges
• Integration with Apple HealthKit and fitness devices

3. Account Registration

To use Tortoise, you must:

• Be at least 13 years of age
• Create an account using accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription and Payments

Free Tier

Tortoise offers a free tier with basic features. Free tier users may have limited access to training plans, analytics, and social features.

Premium Subscriptions

Premium features are available through paid subscriptions:

• Subscriptions are billed monthly or annually through your app store account
• Prices are subject to change with 30 days notice
• Subscriptions automatically renew unless cancelled
• You can cancel anytime through your app store settings
• No refunds for partial months

5. Health and Safety Disclaimer

Important: Tortoise is a fitness tool, not medical advice. Always consult with a healthcare provider before beginning any exercise program, especially if you have pre-existing health conditions.

By using Tortoise, you acknowledge:

• Running carries inherent risks of injury
• You are responsible for exercising within your capabilities
• You should stop immediately if you experience pain or discomfort
• Tortoise is not liable for any injuries or health issues that may occur

6. User Content

You retain ownership of content you create in Tortoise (profile information, activity data). By using the App, you grant us a license to:

• Store and display your content within the App
• Use anonymized data to improve our AI training algorithms
• Display public content (achievements, leaderboard standings) to other users

You agree not to post content that is:

• Illegal, harmful, threatening, or harassing
• Infringing on intellectual property rights
• Spam, scams, or malicious in nature
• False, misleading, or deceptive

7. Intellectual Property

Tortoise and its content, features, and functionality are owned by Tortoise Inc. and are protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer or attempt to extract source code
• Use the Tortoise name, logo, or mascot without permission
• Remove any copyright or proprietary notices

8. Third-Party Services

Tortoise integrates with third-party services including:

• Apple HealthKit
• Apple Sign In / Google Sign In
• App Store / Google Play for payments

Your use of these services is subject to their respective terms of service and privacy policies.

9. Limitation of Liability

To the maximum extent permitted by law, Tortoise Inc. and its affiliates, officers, employees, agents, suppliers, and licensors shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Personal injury or property damage resulting from your use of the App
• Any unauthorized access to or use of our servers or personal information

10. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of subscription fees
• Extended periods of inactivity

Upon termination, your right to use the App will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive.

11. Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

1. Informal Resolution: Contact us first to attempt resolution
2. Mediation: If informal resolution fails, mediation in San Francisco, CA
3. Arbitration: Binding arbitration under AAA rules if mediation fails

Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions.

12. Governing Law

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

13. Changes to Terms

We may modify these Terms at any time. We will notify you of significant changes through the App or via email. Your continued use after changes constitutes acceptance.

14. Contact Information

For questions about these Terms, please contact us:

• Email: legal@tortoise.run
• Address: Tortoise Inc., 123 Running Lane, San Francisco, CA 94102