Terms of Service

1. Description of Service

These Terms of Service ("Terms") govern your use of the Fluxo mobile application and related services (collectively, the "Service") provided by Virada LLC ("Company," "we," "us," or "our"). The Service is a Brazilian Jiu-Jitsu training application that enables users to log training sessions, track technique progress, create technique flowcharts, participate in training challenges, receive AI-powered coaching insights, and track belt mastery progression.

2. Acceptance and Changes to Terms

By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. The Company reserves the right to modify these Terms at any time. Changes become effective immediately upon posting within the application or on our website. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

3. Access and Use of Service

You must be at least 13 years of age to use the Service. Users between 13 and 17 must have verifiable parental or guardian consent before creating an account or using the Service. Access to the Service may not be legal in certain jurisdictions. You are responsible for compliance with all applicable local laws.

4. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You must notify us immediately of any unauthorized access to your account. You represent that all registration information you provide is true, accurate, and current. The Company reserves the right to suspend or terminate accounts that contain false or misleading information.

5. Your Conduct

The Service is provided exclusively for personal, non-commercial use related to Brazilian Jiu-Jitsu training and education. You agree not to:

• Attempt unauthorized access to the Service or its systems
• Interfere with the operation or security of the Service
• Transmit viruses, malware, or other harmful code
• Use automated systems, bots, scrapers, or data extraction tools to access the Service
• Reverse engineer, decompile, or disassemble any portion of the Service or its software
• Copy, reproduce, or redistribute the Service's content, including the technique catalog
• Use the Service for any unlawful purpose
• Attempt to circumvent subscription or access restrictions
• Resell, sublicense, or commercially exploit the Service or any content obtained through it

6. User Data and Training Content

All training data you input into the Service — including lesson notes, technique observations, training session details, challenge results, roll review descriptions, and physical attribute information — remains your property ("User Data").

You grant the Company a limited, non-exclusive license to store, process, and transmit your User Data solely for the purpose of providing and improving the Service. This license terminates when you delete your account or specific data.

You are solely responsible for the accuracy and legality of your User Data. The Company assumes no responsibility for the content of User Data.

7. AI-Powered Features

The Service uses third-party artificial intelligence services (currently Google Gemini) to provide features including lesson expansion, technique suggestions, coaching advice, personalized guidance, and roll review analysis ("AI Features").

AI Input: When you use AI Features, your training descriptions, technique information, and relevant profile attributes are sent to the AI service provider to generate responses.

AI Output: AI-generated content (coaching advice, lesson expansions, technique suggestions, personalized guidance) is provided for informational and educational purposes only. AI output does not constitute professional medical, athletic, or martial arts instruction.

No Training Guarantee: The Company makes no representations regarding the accuracy, safety, or suitability of AI-generated content. You acknowledge that:

• AI-generated coaching advice may not be appropriate for your skill level, physical condition, or training context
• You should always train under the supervision of a qualified instructor
• You assume all risk associated with applying AI-generated training suggestions
• Brazilian Jiu-Jitsu is an inherently physical activity and carries risk of injury regardless of technique guidance provided

AI Data Usage: Your input to AI Features may be processed by third-party AI service providers subject to their respective terms and privacy policies. The Company does not use your personal training data to train AI models.

8. Technique Catalog and Intellectual Property

The Service includes a curated technique catalog, training challenge templates, flowchart content, failure tag definitions, belt requirement definitions, and achievement definitions (collectively, "Catalog Content"). All Catalog Content is the exclusive intellectual property of the Company.

The Service, including its design, software, graphics, user interface, and all associated intellectual property, is owned by the Company and protected by copyright, trademark, and other applicable laws. You are granted a personal, limited, non-exclusive, non-transferable, revocable license to use the Service on your personal devices for your own non-commercial training purposes.

You may not copy, modify, distribute, sell, or create derivative works from the Catalog Content or any other proprietary content within the Service.

9. Subscriptions and Payments

Certain features of the Service require a paid subscription. Subscriptions are managed through Apple's App Store and are subject to Apple's terms and conditions.

• Subscription fees are billed in advance on a recurring basis (monthly or annually) through your App Store account
• Your subscription renews automatically unless canceled at least 24 hours before the end of the current billing period
• You may manage or cancel your subscription through your App Store account settings
• Refunds are subject to Apple's refund policies
• The Company reserves the right to modify subscription pricing with reasonable notice

10. Data Storage and Synchronization

The Service stores your training data locally on your device using on-device storage. If you create an account, your data may be synchronized to our cloud services for backup and cross-device access.

You are responsible for maintaining backups of your data. The Company is not liable for any loss or corruption of data, whether stored locally or in the cloud.

11. Feedback and Suggestions

Any feedback, suggestions, or ideas you submit to the Company regarding the Service become the property of the Company. The Company may use such submissions for any purpose without obligation or compensation to you.

12. Copyright Infringement

The Company respects the intellectual property rights of others. If you believe any content within the Service infringes your copyright, you may submit a written notification to our designated copyright agent containing all of the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it
• Your contact information, including address, telephone number, and email address
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner

If your content is removed in response to a takedown notice, you may submit a counter-notice containing: your physical or electronic signature, identification of the removed material and its prior location, a statement under penalty of perjury that the material was removed by mistake or misidentification, and your name, address, telephone number, and consent to the jurisdiction of the federal courts in New York County, New York.

The Company will terminate the accounts of users who are repeat infringers in appropriate circumstances.

Send copyright notices to: jeremiah@virada.net

13. Warranty Disclaimer

The Service is provided "as is" and "as available," without warranty of any kind, express or implied. The Company disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

The Company does not warrant that the Service will meet your requirements, operate uninterrupted or error-free, or that any content (including AI-generated content) will be accurate, reliable, or complete.

The Service is not a substitute for professional martial arts instruction. The Company makes no representations regarding the safety or effectiveness of any techniques, training programs, or AI-generated coaching advice provided through the Service.

14. Assumption of Risk

You acknowledge that Brazilian Jiu-Jitsu is a contact martial art that carries inherent risks of physical injury. By using the Service to guide or track your training, you voluntarily assume all risks associated with your training activities. The Company is not responsible for any injuries sustained during training, regardless of whether you followed guidance or suggestions provided by the Service or its AI Features.

15. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to your use of the Service. The Company's total liability shall not exceed the total amount you have paid for the Service in the twelve (12) months preceding the claim.

16. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of: your use of the Service, your breach of these Terms, your User Data, or any injury or harm arising from your training activities.

17. Termination

The Company may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your license to use the Service ceases immediately. You may request export or deletion of your User Data prior to account termination.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved exclusively in the state and federal courts located in New York County, New York. You consent to the personal jurisdiction of such courts.

19. General Provisions

These Terms constitute the entire agreement between you and the Company regarding the Service. If any provision is found unenforceable, the remaining provisions remain in full effect. The Company's failure to enforce any right does not constitute a waiver. The Company may assign its rights and obligations under these Terms without restriction. No agency, partnership, or employment relationship is created by these Terms.

20. Contact Us

For questions or concerns regarding these Terms, contact us at jeremiah@virada.net.