Terms of Service

Terms of Service for RunVoice

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING THE RUNVOICE MOBILE APPLICATION (“APP”). BY DOWNLOADING, ACCESSING, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE APP.

1. Ownership and Acceptance of Terms. The RunVoice App is owned, operated, and provided by Koshenka Labs LLC (“Company,” “we,” “us,” or “our”). By creating an account, downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. We reserve the right to modify these Terms at any time. Your continued use of the App after any changes to the Terms indicates your acceptance of those modifications.

2. Use of the App. The App is designed to provide fitness and running-related features, including but not limited to voice coaching, workout tracking, and performance analytics. You agree to use the App only for lawful purposes and in compliance with all applicable laws and regulations. You agree not to engage in any activity that disrupts or interferes with the operation of the App, including any form of data mining, hacking, or unauthorized collection of personal information from other users.

3. Health Disclaimer and Assumption of Risk. You understand and acknowledge that the App is not a medical device and does not provide medical advice. Any information or guidance provided within the App is intended for general informational and motivational purposes only. You should consult a physician or other qualified healthcare provider before beginning any exercise or fitness program. By using the App, you represent that you are in sufficient physical condition to engage in the activities recommended or tracked by the App. You expressly agree that your use of the App, including any reliance on voice coaching or fitness tracking features, is at your sole risk. You assume full responsibility for any risk of bodily injury, death, or property damage arising out of or related to your use of the App.

4. No Liability for Injuries or Health-Related Issues. To the maximum extent permitted by law, Koshenka Labs LLC, its officers, directors, employees, agents, and affiliates will not be liable for any injuries, health complications, or damages (whether direct, indirect, consequential, or otherwise) arising from or connected to your use of the App, including but not limited to injuries sustained while running, exercising, or following any fitness advice or instructions made available through the App.

5. User Conduct and Account Responsibility. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate your account if you violate these Terms or engage in any conduct that, in our sole judgment, is unlawful, offensive, or harmful to our interests or the interests of others.

6. Intellectual Property Rights. All trademarks, service marks, logos, and trade names related to the App are the exclusive property of Koshenka Labs LLC. The underlying code, design, and content within the App (except for content you provide) are protected by intellectual property laws. You may not copy, reproduce, modify, distribute, transmit, publicly display, or create derivative works of any part of the App without our prior written consent.

7. Third-Party Links and Services. The App may contain links to third-party websites, services, or content that are not owned or controlled by us. We do not endorse or assume any responsibility for such third-party sites, services, or content. You acknowledge that your access to and use of any third-party sites or services are governed by their respective terms and privacy policies.

8. Disclaimer of Warranties. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY OF DATA. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOSHENKA LABS LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APP. IN JURISDICTIONS THAT LIMIT THE EXCLUSION OR LIMITATION OF LIABILITY, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Indemnification. You agree to indemnify, defend, and hold harmless Koshenka Labs LLC, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the App, or your violation of any rights of a third party.

11. Termination. We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including your breach of these Terms. Upon termination, your right to use the App will immediately cease, and the disclaimers, limitations of liability, and indemnification obligations set forth in these Terms shall survive.

12. Governing Law and Dispute Resolution. These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms or the App shall be subject to the exclusive jurisdiction of the state and federal courts located in [Your State], and you consent to personal jurisdiction in such courts.

13. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

14. Entire Agreement. These Terms constitute the entire agreement between you and Koshenka Labs LLC with respect to the use of the App and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Koshenka Labs LLC.

15. Contact Information. For any questions about these Terms, please contact us at: logan@koshenkalabs.com

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE APP.

Privacy Policy for RunVoice

Effective Date: Jan 28, 2025

This Privacy Policy (the “Policy”) describes how Koshenka Labs LLC (“Company,” “we,” “us,” or “our”) collects, uses, maintains, and discloses information from users (“you” or “your”) of the RunVoice mobile application (the “App”). By using our App, you agree to the collection and use of information in accordance with this Policy.

1. Information We Collect

1.1 Personal Information

We may collect certain personal information from you when you voluntarily provide it to us, such as your name, email address, or other identifying information, solely to enhance your experience with RunVoice.

1.2 Workout Data

We collect and store workout statistics and related data (e.g., duration, distance, pace) for the purpose of providing fitness-related features and insights. This data is stored to ensure the App functions properly and to deliver an optimal, personalized user experience.

1.3 Device and Usage Information

We may automatically collect certain information about the device you use to access the App, including but not limited to Internet Protocol (IP) address, device identifiers, operating system type, location (if enabled), and usage details (such as how you navigate within the App).

2. How We Use Your Information

2.1 Provision of Services

We use the information we collect to operate, maintain, and improve the functionality of the App. This includes using your workout data to provide you with personalized recommendations and performance insights.

2.2 Enhancement of User Experience

We use the information to tailor content, features, and offerings within the App, ensuring you have the best possible user experience.

2.3 Customer Support and Communication

We may use your information to respond to your inquiries, send you updates regarding the App, or provide customer service. We will only contact you in ways consistent with your stated preferences.

2.4 Legal Compliance and Enforcement

We reserve the right to use or disclose your information to comply with applicable laws, regulations, legal processes, or governmental requests; to enforce our terms of service; and to protect the rights, property, or safety of the Company, our users, or others.

3. Legal Bases for Processing (For Users in Certain Jurisdictions)

Where required by law, we will ensure that we have a valid legal basis to process your personal information. This may include:

• Consent: You have given us clear consent for processing your personal information for specific purposes.

• Contractual Necessity: Processing is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into a contract.

• Legitimate Interests: Processing is necessary for our legitimate interests, such as improving the App’s performance, so long as such interests are not overridden by your fundamental rights.

4. Data Storage and Retention

We only store data that is necessary for the operation and improvement of the App. This primarily includes your workout statistics and minimal personal information. We retain your information for as long as reasonably necessary to fulfill the purposes described in this Policy, unless a longer retention period is required or permitted by law.

5. Data Sharing and Disclosure

5.1 No Sale of Data

We do not sell, trade, or otherwise transfer your personal information to third parties for marketing or any other purposes.

5.2 Service Providers

We may share limited information with third-party service providers who assist us with certain functions, such as analytics, data hosting, or customer support. These service providers are obligated not to disclose or use your information for any purpose other than providing services on our behalf.

5.3 Business Transfers

In the event of a merger, acquisition, or asset sale, your personal information may be transferred to a third party as part of the transaction. We will notify you of any change in ownership or use of your personal information.

5.4 Legal Requirements

We may disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).

6. Your Rights and Choices

Depending on your jurisdiction, you may have certain rights regarding your personal information, including the right to access, update, or delete the personal information we hold about you. If you wish to exercise any of these rights or have questions regarding your personal information, please contact us at the email address provided in Section 10.

7. Security Measures

We take appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. While we strive to protect your personal information, no method of data transmission or storage is 100% secure, and we cannot guarantee absolute security.

8. Third-Party Links

The App may contain links to other applications or websites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site or service. We strongly advise you to review the Privacy Policy of every site or service you visit. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

9. Children’s Privacy

Our App is not directed toward individuals under the age of 13 (or such other age as may be required by local law). We do not knowingly collect personal information from anyone under this age. If you are a parent or guardian and believe your child has provided us with personal information, please contact us immediately, and we will take steps to delete such information.

10. Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, or if you wish to exercise your rights regarding your personal information, please contact us at:

Koshenka Labs LLC

Email: logan@koshenkalabs.com

11. Changes to This Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time. We will notify you of material changes by posting the new Privacy Policy within the App or by other means required by applicable law. Your continued use of the App after any modifications to this Privacy Policy constitutes your acknowledgment of such modifications and your consent to abide by the updated terms.

This Privacy Policy is governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions. By using the App, you consent to the jurisdiction of the state and federal courts located within [Your State] for any dispute arising under or related to this Privacy Policy.

Last Updated: Jan 28, 2025