Last updated: October 31, 2024
Please read these Terms and Conditions (“Terms”) carefully before using the StrikeSensai mobile application (“App”, “Service”) operated by StrikeSensai (“us”, “we”, “our”). By downloading or using our App, you agree to comply with these Terms. If you do not agree, please refrain from using the App.
1. Use of the App
By accessing and using the App, you confirm that you meet the following eligibility requirements:
-You are at least 18 years of age or the legal age of adulthood in your jurisdiction; or
-If you are between the ages of 13 and 18 or below legal age of adulthood in your jurisdiction, you have obtained consent from your parent or legal guardian to use the App.
-If you are under the age of 13, you are not permitted to use the App. It is your responsibility to understand and comply with the laws applicable to you.
2. Privacy Policy & Data Usage
Your privacy is important to us. Our Privacy Policy explains how we collect, store, protect, and use personal information, including data related to the AI analysis of your movements. By using the App, you consent to the collection and processing of your personal data in accordance with the StrikeSensai Privacy Policy. You may request access to, modification, or deletion of your data by contacting us at any time.
3. AI Data Processing and Consent
Our App utilizes an AI model based on Apple’s Vision Framework to analyze your movements. This secure technology performs computer vision tasks directly on your device. By using the App, you consent to the collection and processing of your movement data through this technology for generating personalized insights and enhancing your experience. You acknowledge that any use of the AI features is at your own risk, and results may vary based on various factors, including environmental conditions and individual user behavior.
Important Note: The data processed by the Vision Framework remains on your device and is not shared with Apple or any third parties unless you explicitly choose to share it.
4. User Accounts
You may be required to create an account to use the App. You are responsible for maintaining the confidentiality of your login details and for all activities conducted under your account. You agree to notify us immediately if you suspect any unauthorized use of your account. We reserve the right to terminate or suspend accounts at our discretion, without prior notice. Under no circumstances shall we be liable for any damages, including but not limited to losses resulting from hacking, unauthorized access, breaches of confidentiality, or misuse of your credentials. It is your responsibility to secure your account information and use the App responsibly. Upon termination or cancellation of your account, any personal data associated with your account will be managed according to our Privacy Policy.
5. Intellectual Property
All content, features, and functionality provided on the App, including but not limited to text, graphics, logos, images, software, user interface design, and any proprietary data, are the intellectual property of StrikeSensai or its licensors. These elements are protected by copyright, trademark, and other applicable intellectual property laws. By subscribing to and using the App, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the App’s features for personal, non-commercial purposes, in exchange for applicable subscription fees. This license does not transfer any ownership rights to you, and it does not allow you to copy, modify, distribute, or republish any part of the App without prior written permission from StrikeSensai. By uploading or providing any content to the App, including feedback or suggestions, you grant StrikeSensai a non-exclusive, royalty-free, and worldwide license to use, reproduce, and display that content for purposes of improving or marketing the App. This license is strictly limited to enhancing the App and does not transfer ownership of your content. You may not use the App’s content or intellectual property for any unlawful purpose or in a manner that infringes upon the rights of StrikeSensai or any third parties. Unauthorized use may result in the termination of your subscription and legal action.
6. AI Disclaimer and Limitation of Liability
The AI-powered features in this App are based on Apple’s Vision Framework, a recognized technology. While we utilize this technology to enhance your experience, we cannot guarantee that the AI will always provide accurate or reliable results. You should not rely solely on the AI’s output for critical decisions. The App and its contents are provided “as is” without any warranties, express or implied. StrikeSensai does not guarantee specific outcomes in your training or coaching sessions and is not obligated to ensure your progress or success. The AI features are designed to assist you in your exercises but do not guarantee improvements or results. In addition, it is assumed and under the sole user responsibility to be sufficiently physically fit to use the app. To the fullest extent permitted by law, StrikeSensai is not liable for any direct, indirect, incidental, or consequential damages arising from the use or misuse of the App or reliance on its AI features.
7. Use of Advertisements
By using the App, you acknowledge that you may encounter advertisements relevant to the App’s content and purpose. These advertisements are provided by third-party partners and are not based on your personal data or usage behavior. We do not sell, rent, or lease any personal information to third parties for marketing purposes.
8. Indemnification
You agree to indemnify and hold harmless StrikeSensai, its affiliates, and their respective directors, officers, employees, subsidiaries, branches, and agents from any claims, liabilities, damages, losses, or expenses, including legal fees, arising out of your misuse of the App or violation of these Terms.
9. Limitation of Liability
In the event of a service interruption due to technical failures, natural disasters, or events beyond our control, we will make every effort to restore access to the App as quickly as possible. However, we shall not be held liable for any inability to access the App or for any inconvenience caused by such interruptions. If an interruption prevents access to Pro subscription features for more than 3 consecutive days, we will temporarily pause the subscription and extend the validity of the subscription by the duration of the interruption, starting from the 4th day. For interruptions lasting less than 3 days, we do not guarantee subscription extensions or refunds. You will be notified in case of any subscription suspension. We do not guarantee refunds for subscription fees, including Pro subscriptions, due to service disruptions.
10. Pricing and Subscription Models
The App is available in two versions: Free and Pro. The Free version may include additional advertisements, while the Pro version offers an enhanced experience with reduced advertising and additional features. Pricing for the Pro version is based on various factors, including market conditions, and is subject to change. Any adjustments will be communicated to users via a notification within the App. All prices include applicable taxes, and details regarding VAT (if applicable) will be provided in compliance with local regulations.
Subscription Cancellation:
-Users may cancel their Pro subscription through the App Store.
-Upon cancellation, the subscription will remain active until the end of the current billing period, after which access to Pro features will cease.
Payment Methods:
-Accepted payment methods will be specified within the App. The App developers reserve the right to choose the payment options available to users.
-All transaction fees are included in the subscription price; users will not incur additional charges for processing payments.
11. Outsourcing and Data Processing
By using the App, you acknowledge and consent to the outsourcing of certain operations, including data processing, to third parties. We may engage third-party service providers to perform functions on our behalf, such as data hosting, analytics, and support services. Any third parties engaged in processing your data will be required to adhere to standards equivalent to those outlined in these Terms. We ensure that appropriate safeguards are in place to protect your personal data in accordance with applicable data protection laws. You retain the right to inquire about the third parties we engage, and the nature of the data processing conducted on your behalf.
12. Changes to These Terms
We may update these Terms from time to time. You will be notified of significant changes through the App or via email. Continued use of the App after any changes to these Terms constitutes your acceptance of the new Terms.
13. Governing Law and Dispute Resolution
These Terms, along with any disputes arising from your use of the App, shall be governed by the substantive laws of Switzerland. The exclusive place of jurisdiction shall be the location of our registered office. This means that if we change our registered office, the jurisdiction may also change accordingly, allowing for flexibility in dispute resolution. Without prejudice to any other mandatory provisions under the General Data Protection Regulation (GDPR) or other relevant laws, any disputes shall be resolved in the courts of the jurisdiction where our registered office is located.
14. Apple Standard End User License Agreement (EULA)
This application is subject to Apple’s Licensed Application End User License Agreement (EULA), which governs your use of the application when downloaded through the Apple App Store. You can review the full terms of the Apple EULA here: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
