These Terms are between you and TKOLABS INC, a Florida corporation ("Eravyr", "we", "us"). By creating an account or using Eravyr, you agree to them. If you don't agree, don't use the service.
Our Privacy Policy is part of these Terms.
You must be at least 18 years old and able to form a binding contract. You may create one account for yourself. Keep access to your email secure — because sign-in works by emailed link, anyone with access to your inbox can reach your account.
Eravyr reflects; it doesn't diagnose. Eravyr is a general-wellness product. It is not a medical device. It does not diagnose, treat, cure, or prevent any disease, and nothing in it is medical advice.
Never delay or disregard professional medical advice because of something Eravyr showed you. If you think you may have a medical emergency, call your doctor or emergency services immediately.
Your gauges are computed from data you provide, and are only ever as accurate as that data. Devices mismeasure, exports arrive incomplete, and a number can move for reasons that have nothing to do with your health. Eravyr measures you against your own recent normal — it does not tell you whether that normal is medically good or bad, and it cannot.
Eravyr is not a HIPAA-covered entity and using it creates no clinician relationship.
Don't:
We may suspend or terminate an account that does these things.
Eravyr is early software with a small number of users. Being honest about what that means:
Invited testers pay nothing and are under no obligation to keep using it.
Nobody is being charged anything today. Billing is not built and no payment details are collected.
If paid plans launch, we will publish the price and terms before they take effect, no charge will occur without you actively choosing it, any subscription will be cancellable by you from within the app without contacting us, and we will honour any commitment made to you about free access. Existing free testers will not be silently converted into paying customers.
We may modify, suspend, or discontinue any part of Eravyr. If we plan to discontinue the service entirely, we will give reasonable notice and a window to export your data before it is deleted.
We may update these Terms; material changes will be flagged rather than quietly edited in, and the "last updated" date will change. Continuing to use Eravyr after a change means you accept it.
You may stop using Eravyr and delete your account at any time, for any reason. We may suspend or terminate your account if you breach these Terms, if required by law, or if we discontinue the service. Section 4's data-ownership terms, section 3's medical disclaimer, and sections 10 through 12 survive termination.
Eravyr is provided "as is" and "as available", without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that any measurement, gauge, trend or suggestion is accurate or suitable for any purpose.
Some jurisdictions don't allow certain warranty exclusions, so parts of this may not apply to you.
To the fullest extent permitted by law, TKOLABS INC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or loss of goodwill, arising from your use of Eravyr.
To the fullest extent permitted by law, our total liability for any claim relating to Eravyr will not exceed the greater of (a) the amount you paid us in the twelve months before the claim, or (b) one hundred U.S. dollars (US$100).
Nothing here excludes liability that cannot lawfully be excluded — including for fraud, or for death or personal injury caused by negligence. Some jurisdictions don't allow certain limitations, so parts of this may not apply to you.
You agree to indemnify TKOLABS INC against claims arising from your misuse of Eravyr, your breach of these Terms, or your uploading of another person's data without their permission.
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Disputes will be brought in the state or federal courts located in Florida, and you and we consent to that jurisdiction — except that either of us may bring a claim in small-claims court, and nothing here prevents you from exercising rights or filing complaints available to you under the consumer-protection laws of your own state or country.
If any provision is found unenforceable, the rest stays in force. Our not enforcing a provision isn't a waiver of it. You may not assign these Terms; we may assign them in connection with a merger or acquisition. These Terms and the Privacy Policy are the entire agreement between us about Eravyr.
TKOLABS INC — support@eravyr.com for the service, privacy@eravyr.com for anything about your data.