Terms of Use

Effective date: March 15, 2024

Introduction
Tidalflow.ai is an AI-powered personal trainer designed to
create and adapt hyper-personal workouts and result-
oriented exercise programs.

These Terms of Use (“Terms”) apply to your access and use
of our websites (https://tidalflow.health, https://tidalflow.ai,
and https://tidalflow.com) and our application Tidalflow AI
(the “App”, and collectively with the websites – the
“Services”) provided by Nervecenter AI, B.V. (“Company” or
“we”). These Terms are not entered into with Apple, Inc., any
of its subsidiaries, Google, Inc., any of its subsidiaries, or
any other entity as may apply.

For questions about the Terms or our Services, please
contact us at [email protected].
Please read these Terms carefully. By accessing or using
our Services, you acknowledge that you accept and agree to
be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE
MANDATORY ARBITRATION PROVISION AND CLASS
ACTION WAIVER IN SECTION 17, DO NOT ACCESS OR USE
OUR SERVICES.

1. Registration and Eligibility
Minimum Age: You must be at least 18 years old to use and
access the App. Our Services are not directed at, or
intended for, children under 18 years old. If you are aware
of anyone under 18 using the Services, please contact us at
[email protected], and we will take the required steps to
delete such information and/or the account.
Registration: Provide accurate, complete information to
register for an account to use our Services. You may not
share your account credentials or make your account
available to anyone else. You're responsible for all activities
occurring under your account. If you create an account or
use the Services on behalf of another person or entity, you
must have the authority to accept these Terms on their
behalf.

2. Important Disclaimers
When you use our Services, you acknowledge and agree
with the below disclaimers.
a. General disclaimer
Exercise and health are matters that vary from person to
person. Our Services are not intended as a substitute for the
medical advice and supervision of your physician.

• If you are over 35 or have been inactive for a few years,
  see your physician before beginning any exercise
  program. This is especially important if your family has
  a history of heart disease, high blood pressure, high
  cholesterol, diabetes, arthritis, obesity, cigarette
  smoking, or other health conditions. If you have any
  doubts whatsoever, consult your physician. Do not start
  any fitness program if your physician or health care
  provider advises against it.

• If you are pregnant, nursing, diabetic, on medication,
  have a medical condition, or are beginning a weight
  control program, consult your physician before starting
  to exercise/train or making any dietary changes.
  Discontinue use if adverse events occur.

• If you experience faintness, dizziness, pain, or
  shortness of breath at any time while exercising you
  should stop immediately.
  
  b. Exercise disclaimer
  The workouts provided via our Services are for educational
  purposes only and are not to be interpreted as a
  recommendation for a specific treatment plan, product, or
  course of action.
  Exercise is not without its risks, and this or any other
  exercise program may result in injury. The risks include but
  are not limited to:

• risk of injury

• aggravation of a pre-existing condition

• adverse effect of over-exertion such as muscle strain,
  abnormal blood pressure, fainting, disorders of
  heartbeat, and very rare instances of heart attack.
  To reduce the risk of injury, before beginning this or any
  exercise program, please consult a healthcare provider for
  appropriate exercise prescription and safety precautions.
  The exercise instruction and advice presented are in no way
  intended as a substitute for medical consultation. We
  disclaim any liability from and in connection with this
  program.

  
  c. Information disclaimer
  The information provided via our Services is for educational
  purposes only, and is not to be interpreted as a
  recommendation for a specific treatment plan, product, or
  course of action.
  Information on the Services does not replace consultation
  with a qualified health or medical professional who sees you
  in person, for your health and your medical needs. Please
  see a physician or health professional immediately if you
  suspect you may be ill or injured.
  You acknowledge your use of our Services and the content
  thereon is at your own risk, including any and all risks
  associated with your use of any workouts set out there.
  You acknowledge that there are inherent risks of injury with
  any physical activity and you hereby release us and all of our
  employees, directors, officers and representatives and other
  parties involved in the creation, maintenance and distribution of the content on our Services from any and all
  liability arising as a result of your use of the Services or the
  content thereon, including, without limitations, any direct,
  special, incidental, indirect or consequential damages or
  other damages of any kind, including, but not limited to
  physical injury, illness, death, loss of profits, loss of data,
  whether in an action in contract, tort (including but not
  limited to negligence) or otherwise.

  
  d. Medical Disclaimer
  In using our Services, you affirm that either your physician
  has approved your use of the Service or that all of the
  following statements are true:

• no physician has ever informed you that you have a
  heart condition or that you should only do physical
  activities recommended by a physician

• you have never felt chest pain when engaging in
  physical activity

• you have not experienced chest pain when not engaged
  in physical activity at any time within the past month

• you have never lost your balance because of dizziness
  and you have never lost consciousness as a result of
  exertion

• you do not have a bone or joint problem that could be
  made worse by a change in your physical activity

• your physician is not currently prescribing drugs for
  your blood pressure or heart condition

• you do not have a history of high blood pressure, and

• you do not know of any other reason you should not
  exercise. You are responsible for providing accurate information and
  disclosing any health or medical issues.

  
  3. Your Use of our Services
  Privacy. Please refer to our Privacy Policy for information
  about how we collect, use and disclose information about
  you. The Privacy Policy constitutes an integral part of the
  Terms. To the extent there is an inconsistency between the
  Terms and the Privacy Policy, the Terms shall govern.
  What you can and cannot do. While using our Services you
  agree not to violate any applicable law, contract, intellectual
  property or other third-party right or commit a tort, and that
  you are solely responsible for your conduct while accessing
  or using our Services.
  Specifically, you shall not:

• resell, rent, lease, loan, sublicense, distribute, or
  otherwise transfer rights to the App

• engage in any harassing, threatening, intimidating,
  predatory or stalking conduct

• use our Services in any manner that could interfere
  with, disrupt, negatively affect, or inhibit other users
  from fully enjoying our Services or that could damage,
  disable, overburden or impair the functioning of our
  Services in any manner

• modify, reverse engineer, decompile or disassemble
  any part of our Services or do anything that might
  discover source code or bypass or circumvent
  measures employed to prevent or limit access to any
  part of our Services

• copy, adapt, alter, modify, translate, or create derivative
  works of the Services without the written authorization
  of the Company

• circumvent or disable any technological features or
  measures in the App for protection of intellectual
  property rights

• attempt to circumvent any content-filtering techniques
  we employ or attempt to access any feature or area of
  our Services that you are not authorized to access

• develop or use any third-party applications that interact
  with our Services without our prior written consent,
  including any scripts designed to scrape or extract data
  from our Services

• use or access the Services to compile data in a manner
  that is used or usable by a competitive product or
  service

• use our Services for any illegal or unauthorized
  purpose, or engage in, encourage, or promote any
  activity that violates the Terms, or

• use data, content, or features from the App and the
  website to diagnose, treat, or mitigate any health
  conditions.
  Our use of your content. We may use your conversations
  with AI Assistant (de-identified), as well as the photos you
  upload for Body Scan (subject to your consent), to provide,
  maintain, develop, and improve our Services, comply with
  applicable law, enforce the Terms and other policies, and
  keep our Services safe.
  
  4. License
  We grant you a personal, worldwide, revocable, non-
  transferable and non-exclusive license to access and use
  our Services for personal and non-commercial purposes in
  accordance with the Terms.
  You may not copy, store, modify, distribute, transmit,
  perform, reproduce, publish, licence, create derivative works
  from, transfer or sell any text, graphics, logos and other
  source-identifying symbols, designs, icons, images, or other
  information, software or code obtained from the App
  without prior express written permission from the Company
  which may be withheld for any or no reason.
  We own all the rights, title, and interest in and to the
  Services (“Company’s Content”). If you wish to use our
  software, title, trade name, trademark, service mark, logo,
  domain name and/or any other identification with notable
  brand features or other content owned by the Company, you
  must obtain a written permission from us. You shall send
  permission requests to [email protected].
  Except as expressly and unambiguously provided in the
  Terms, we do not grant you any express or implied rights,
  and all rights in and to the Services and the Company’s
  Content are retained by us.
  
  5. Indemnification
  You agree to defend, indemnify, and hold the Company, its
  officers, directors, employees, agents, licensors, and
  suppliers, harmless from and against any claims, actions or
  demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting
  from, or alleged to result from, your violation of the Terms.

  
  6. Use at Your Own Risk
  Our goal is to help make the information more readily
  available and useful to you. However, the Services cannot
  and do not guarantee health-related improvements or
  outcomes. Your use of the Services and any information,
  predictions, or suggestions provided in the Services are at
  your sole risk. We make no representation or warranty of
  any kind as to the accuracy of data, information, estimates,
  and predictions that we may provide to you through the
  Services and you agree and understand that the Services
  are not intended to match or serve the same purpose as a
  medical or scientific device or healthcare provider.

  
  7. Warranty Disclaimer
  The Company controls and operates the Services from
  various locations and makes no representation that the
  Services are appropriate or available for use in all locations.
  The Services or certain features of it may not be available in
  your location or may vary across locations.
  The Services are provided “as is”, “as available” and are
  provided without any representations or warranties of any
  kind, express or implied, including, but not limited to, the
  implied warranties of title, non-infringement,
  merchantability, and fitness for a particular purpose, and
  any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save
  to the extent required by law.

  
  Neither the Company, nor any of its officers, directors,
  employees, agents, affiliates, representatives, suppliers,
  partners, advertisers or content providers warrants, and
  each of them hereby expressly disclaims, that:
  1. the Services will be secure or available at any particular
  time or location
  2. any defects or errors will be corrected
  3. any content or software available through the Services
  is free of viruses or other harmful components
  4. the results of using the Services will meet your
  requirements
  5. the accuracy, reliability, or completeness of the content,
  text, images, software, graphics, or communications
  provided by third parties on or through the Services.
  CONVERSATIONS WITH AI ASSISTANT. YOU ACCEPT AND
  AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE
  IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON
  OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL
  INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL
  ADVICE.
  
  Your use of the Services is solely at your own risk. Some
  states / countries do not allow limitations on implied
  warranties, so some or all of the above limitations may not
  apply to you.
  
  8. Limitation of Liability

  In no event shall the Company, its officers, directors, agents,
  affiliates, employees, advertisers, or data providers be liable
  for any indirect, special, incidental, consequential or punitive
  damages (including but not limited to loss of use, loss of
  profits, or loss of data) whether in an action in contract, tort
  (including but not limited to negligence), equity or otherwise,
  arising out of or in any way connected with the use of our
  Services.
  In no event will the Company’s total liability arising out of or
  in connection with these Terms or from the use of or
  inability to use the App exceed the amounts you have paid
  to the Company for use of the App or one hundred dollars
  ($100) if you have not had any payment obligations to the
  Company, as applicable.
  Some jurisdictions do not allow the exclusion or limitation
  of liability, so the above limitations may not apply to you.
  The Company, or any third parties mentioned on our
  Services, are not liable for any personal injury, including
  death, caused by your use or misuse of the app.
  Notwithstanding the foregoing, nothing in these Terms will
  (a) limit or exclude our liability for death or personal injury
  resulting from negligence; (b) limit or exclude our liability for
  fraud or fraudulent misrepresentation; (c) limit any of our
  liabilities in any way that is not permitted under applicable
  law; or (d) exclude any of our liabilities that may not be
  excluded under applicable law.
  
  9. Export and Economic Sanctions Control
  The software that supports the Services may be subject to
  U.S. export and reexport control laws and regulations,
  including the Export Administration Regulations maintained
  by the U.S. Department of Commerce, trade and economic
  sanctions maintained by the Treasury Department's Office
  of Foreign Assets Control, and the International Traffic in
  Arms Regulations maintained by the Department of State.
  You represent and warrant that you are (1) not located in
  any country or region that is subject to a U.S. government
  embargo and (2) are not a denied party as specified in the
  regulations listed above.
  
  You agree to comply with all U.S. and foreign export laws
  and regulations to ensure that neither the Services nor any
  technical data related thereto nor any direct product thereof
  is exported or re-exported directly or indirectly in violation
  of, or used for any purposes prohibited by, such laws and
  regulations.
  
  10. Third-Party Services and Links
  The Services may give you access to links to third-party
  websites, apps, or other products or services ("Third-Party
  Services"). We do not control Third-Party Services in any
  manner and, accordingly, do not assume any liability
  associated with such Third-Party Services. You need to take
  appropriate steps to determine whether accessing a Third-
  Party Service is appropriate, and to protect your personal
  information and privacy in using any such Third-Party
  Services.
  We use Stripe for payment, analytics, and other business services. Stripe collects and processes personal data, including identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection and prevention. You can learn more about Stripe and its processing activities via privacy policy at https://stripe.com/privacy.
  
  11. Your Feedback
  We welcome your feedback about the App. Unless
  otherwise expressly declared, any communications you
  send to us or publish in app stores are deemed to be
  submitted on a non-confidential basis. You agree that we
  may decide to publicise such contents at our own
  discretion. You agree to authorise us to make use of such
  contents for free, and revise, modify, adjust and change it
  contextually, or make any other changes, in each case as we
  deem appropriate.
  
  12. Changes to the Services
  We may modify the Terms from time to time. If the changes
  affect your rights, we will notify you in advance by email or
  through the Services, or by presenting you with a new
  version of the Terms for you to accept. Your continued use
  of the Services after the effective date of an updated
  version of the Terms will indicate your acceptance of the
  Terms as modified.
  We reserve the right to introduce minor changes to the
  Terms that do not materially affect your rights (e.g.
  technical corrections or description of a new feature)
  without notice.
  
  13. Changes to the Terms
  We may make changes to the Terms from time to time. If
  we make changes, we will post the amended Terms to our
  Services and update the "Effective Date" section above. We
  may also attempt to notify you by providing notice through
  our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your
  continued access to and use of our Services after we
  provide notice will confirm your acceptance of the changes.
  If you do not agree to the amended Terms, you must stop
  accessing and using our Services.
  
  14. Termination
  We reserve the right, without notice and in our sole
  discretion, to terminate your right to access or use our
  Services. We are not responsible for any loss or harm
  related to your inability to access or use our Services.
  
  15. Severability
  If any provision or part of a provision of the Terms is
  unlawful, void or unenforceable, that provision or part of the
  provision is deemed severable from the Terms and does not
  affect the validity and enforceability of any remaining
  provisions.
  
  16. Copyright Claims
  If you believe any materials accessible through our Services
  infringe your copyright, you may request removal of those
  materials (or access thereto) from the Services by
  contacting the Company at [email protected] and
  providing the following information:
  a. Identification of the copyrighted work that you believe to
  be infringed. Please describe the work, and, where possible,
  include a copy or the location of an authorised version of
  the work.b. Identification of the material that you believe to be
  infringing and its location. Please describe the material, and
  provide us with its URL or any other pertinent information
  that will allow us to locate the material.
  c. Your name, address, telephone number and e-mail
  address.
  d. A statement that you have a good faith belief that the
  complained use of the materials is not authorised by the
  copyright owner, its agent, or the law.
  e. A statement that the information that you have supplied
  is accurate, and indicating that “under penalty of perjury,”
  you are the copyright owner or are authorised to act on the
  copyright owner’s behalf.
  f. A signature or the electronic equivalent from the copyright
  holder or authorised representative.
  
  17. Dispute Resolution by Binding Arbitration
  Governing Law.
  If you are a resident of any European
  country or the United Kingdom, Switzerland, Norway or
  Iceland, the governing law and forum shall be the laws of
  your usual place of residence.
  If you reside in the United States, the arbitration agreement
  in this Section applies to you. Please read it carefully.
  If you do not reside in the United States, and you
  nevertheless attempt to bring any legal claim against the
  Company in the United States, this arbitration agreement
  will apply for determination of the threshold issue of whether this Section applies to you, and all other threshold
  determinations, including residency, arbitrability, venue, and
  applicable law.
  Arbitration. You agree that any dispute, claim, or
  controversy arising out of or relating to the Terms or the
  breach, termination, enforcement, interpretation, or validity
  thereof or the use of the Services (collectively, “Disputes”)
  will be settled by binding arbitration between you and the
  Company, except that each party retains the right to bring an
  individual action in small claims court and the right to seek
  injunctive or other equitable relief in a court of competent
  jurisdiction to prevent the actual or threatened infringement,
  misappropriation or violation of a party’s copyrights,
  trademarks, trade secrets, patents or other intellectual
  property rights. You acknowledge and agree that you and
  the Company are each waiving the right to a trial by jury or
  to participate as a plaintiff or class in any purported class
  action or representative proceeding. Further, unless both
  you and the Company otherwise agree in writing, the
  arbitrator may not consolidate more than one person’s
  claims, and may not otherwise preside over any form of any
  class or representative proceeding. If this specific
  paragraph is held unenforceable, then the entirety of this
  “Dispute Resolution” section will be deemed void. Except as
  provided in the preceding sentence, this “Dispute
  Resolution” section will survive any termination of the
  Terms.
  Arbitration rules and governing law. The arbitration will be
  administered by the American Arbitration Association
  (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer
  Related Disputes (the “AAA Rules”) then in effect, except as
  modified by this “Dispute Resolution” section. The Federal
  Arbitration Act will govern the interpretation and
  enforcement of this Section.
  Arbitration process. A party who desires to initiate
  arbitration must provide the other party with a written
  Demand for Arbitration as specified in the AAA Rules. The
  arbitrator will be either a retired judge or an attorney
  licensed to practice law in the state of California and will be
  selected by the parties from the AAA’s roster of consumer
  dispute arbitrators. If the parties are unable to agree upon
  an arbitrator within 7 days of delivery of the Demand for
  Arbitration, then the AAA will appoint the arbitrator in
  accordance with the AAA Rules.
  Arbitration location and procedure. Unless you and the
  Company agree otherwise, the arbitration will be conducted
  in the State of Delaware (unless the arbitrator selects
  another one if the selected place is unreasonably
  burdensome to either party). If your claim does not exceed
  $10,000, then the arbitration will be conducted solely on the
  basis of documents you and the Company submit to the
  arbitrator, unless you request a hearing or the arbitrator
  determines that a hearing is necessary. If your claim
  exceeds $10,000, your right to a hearing will be determined
  by the AAA Rules. Subject to the AAA Rules, the arbitrator
  will have the discretion to direct a reasonable exchange of
  information by the parties, consistent with the expedited
  nature of the arbitration.Arbitrator’s decision. The arbitrator will render an award
  within the time frame specified in the AAA Rules. The
  arbitrator’s decision will include the essential findings and
  conclusions upon which the arbitrator based the award.
  Judgment on the arbitration award may be entered in any
  court having jurisdiction thereof. The arbitrator’s awarded
  damages must be consistent with the terms of the
  “Limitation of liability” section above as to the types and the
  amounts of damages for which a party may be held liable.
  The arbitrator may award declaratory or injunctive relief only
  in favor of the claimant and only to the extent necessary to
  provide relief warranted by the claimant’s individual claim. If
  you prevail in arbitration you will be entitled to an award of
  attorneys’ fees and expenses, to the extent provided under
  applicable law.
  Fees. Your responsibility to pay any AAA filing,
  administrative and arbitrator fees will be solely as set forth
  in the AAA Rules.
  Changes. Notwithstanding the provisions of the
  modification-related provisions above, if the Company
  changes this “Dispute Resolution” section after the date you
  first accepted the Terms (or accepted any subsequent
  changes to the Terms), you may reject any such change by
  providing the Company written notice of such rejection by
  email to: [email protected], within 30 days of the date
  such change became effective, as indicated in the “Effective
  date” above. In order to be effective, the notice must include
  your full name and clearly indicate your intent to reject
  changes to this “Dispute Resolution” section. By rejecting
  changes, you are agreeing that you will arbitrate any Disputebetween you and the Company in accordance with the
  provisions of this “Dispute Resolution” section as of the
  date you first accepted the Terms (or accepted any
  subsequent changes to the Terms).
  
  18. Miscellaneous
  Entire Agreement: These Terms constitute the entire
  agreement between you and Tidalflow AI relating to your
  access and use of our Services.
  No Waiver: The failure of Tidalflow AI to exercise or enforce
  any right or provision of the Terms will not operate as a
  waiver of such right or provision.
  Titles: The section titles in the Terms are for convenience
  only and have no legal or contractual effect.
  Third-Party Rights: Except as otherwise provided herein, the
  Terms are intended solely for the benefit of the parties and
  are not intended to confer third-party beneficiary rights upon
  any other person or entity.
  Governing Law: Any dispute arising from the Terms shall be
  governed by the laws of the Netherlands, without regard to
  its conflict of law provisions. Sole and exclusive jurisdiction
  for any action or proceeding arising out of or related to the
  Terms shall be in the Netherlands, and the parties
  unconditionally waive their respective rights to a jury trial.Cause of Action: Any cause of action you may have with
  respect to your use of the Services must be commenced
  within one year after the claim or cause of action arises.
  
  19. Contact Details
  If you have any questions or comments on any part of the
  Services or any part of the Terms, require support, or have
  any claims, please contact us at [email protected].
  Tidalflow AI all rights reserved © 2024