Terms of Service

Welcome to Provn. These Terms of Service ("Terms") govern your access to and use of the Provn mobile application ("App") operated by Provn ("we," "our," or "us"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Eligibility

You must be at least 17 years of age to use Provn. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Account Registration

• You must create an account to access certain features of the App. You may register using Apple Sign-In.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You agree to provide accurate, current, and complete information and to update it as necessary.
• You must notify us immediately if you suspect unauthorized access to your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

3. Subscriptions & Payments

3.1 Free & Pro Plans

Provn offers a free tier with limited features and a Pro subscription with full access to all features. The specific features available under each plan are described within the App and on our website.

3.2 Billing

• Pro subscriptions are billed through the Apple App Store or Google Play Store. All payments are processed by the respective platform.
• Subscription prices are displayed in the App at the time of purchase and may vary by region.
• Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel at least 24 hours before the end of the current period.

3.3 Cancellation & Refunds

• You may cancel your subscription at any time through your device's subscription settings (Settings > Apple ID > Subscriptions on iOS).
• Cancellation takes effect at the end of the current billing period. You will retain access to Pro features until then.
• Refunds are handled by Apple or Google in accordance with their respective refund policies. We do not process refunds directly.
• We do not offer refunds for partial subscription periods.

3.4 Free Trials

We may offer free trial periods for Pro features. At the end of the trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial expires. You will be charged the subscription price displayed at the time you started the trial.

4. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable laws or regulations
• Upload, transmit, or share content that is offensive, abusive, harassing, threatening, defamatory, obscene, or otherwise objectionable
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the App's servers, networks, or infrastructure
• Attempt to reverse engineer, decompile, disassemble, or hack the App
• Use automated systems, bots, or scrapers to access the App
• Exploit the accountability partner feature to harass, stalk, or harm other users
• Share inappropriate, sexually explicit, or harmful content through progress photos or messaging
• Circumvent or attempt to circumvent subscription restrictions or access paid features without authorization

5. User Content

5.1 Ownership

You retain ownership of all content you create and submit through the App, including progress photos, journal entries, and habit data ("User Content").

5.2 License

By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing and improving the App's services. This license terminates when you delete your content or account.

5.3 Accountability Partner Sharing

When you share data with an accountability partner, you acknowledge that your partner will be able to view the shared data. You are responsible for the content you choose to share. We are not liable for how your partner uses information you share with them.

6. AI Coaching & Health Disclaimer

• AI-generated insights, recommendations, and coaching are for informational and motivational purposes only.
• Always consult a qualified healthcare provider, physician, or licensed professional before starting any new exercise program, diet, or wellness regimen.
• Do not disregard professional medical advice or delay seeking treatment because of information provided by the App.
• AI physique analysis is not a medical assessment. It provides general feedback on visible progress for motivational purposes.
• Nutrition tracking and calorie recommendations are estimates and should not replace guidance from a registered dietitian or nutritionist.
• If you experience any medical emergency, call your local emergency number immediately.

7. Intellectual Property

• The App, including its design, code, graphics, mascot characters, logos, trademarks, and content (excluding User Content), is owned by Provn and protected by intellectual property laws.
• You may not copy, modify, distribute, sell, or lease any part of the App without our prior written consent.
• The Provn name, logo, and mascot are trademarks of Provn. You may not use them without our permission.

8. Third-Party Services

The App integrates with third-party services including Apple HealthKit, RevenueCat, PostHog, Sentry, and ElevenLabs. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the actions or omissions of third-party service providers.

9. Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the App, you consent to the practices described in the Privacy Policy.

10. Termination

• You may stop using the App and delete your account at any time through the App's settings.
• We may suspend or terminate your access to the App at any time, with or without cause, with or without notice, if we reasonably believe you have violated these Terms.
• Upon termination, your right to use the App ceases immediately. Provisions that by their nature should survive (including ownership, disclaimers, limitation of liability, and dispute resolution) will continue in effect.

11. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless Provn and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your User Content.

14. Dispute Resolution

• Governing Law: These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law provisions.
• Informal Resolution: Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting us at getprovn@gmail.com. We will attempt to resolve the dispute within 30 days.
• Arbitration: If informal resolution fails, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will be conducted in English, and judgment on the award may be entered in any court of competent jurisdiction.
• Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms within the App and updating the "Last Updated" date. Your continued use of the App after such changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the App.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and EULA, constitute the entire agreement between you and Provn regarding the App.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

17. Contact Us

If you have any questions about these Terms, please contact us:

• Email: getprovn@gmail.com
• Website: getprovn.com