Terms of Service

DARCE ("DARCE", "we", "us" or "our") is operated by Kellert Labs, a sole trader based in Sydney, New South Wales, Australia (ABN to be confirmed).

These Terms, and the policies referred to in them, form the entire agreement between you and us about the Service and replace any earlier agreement. If there is any inconsistency between these Terms and another policy, these Terms prevail to the extent of the inconsistency, unless the other policy says otherwise.

If you do not agree, do not use the Service. Your continued use of the Service confirms your acceptance of these Terms as they apply from time to time.

To create an account and use the Service you must be at least 18 years old, or at least 16 and using the Service with the knowledge and consent of a parent or guardian who agrees to be bound by these Terms on your behalf. The Service is not directed at children under 16, and we do not knowingly allow them to create accounts.

By using the Service you represent and warrant that: (a) you meet these age requirements; (b) you have the legal capacity to enter into these Terms; (c) you are not barred from using the Service under any applicable law; and (d) all information you give us is true and current.

The Service relates to combat sports and physical training, which carry an inherent risk of serious injury. By using it you confirm you are physically fit to train and have read our Disclaimer & Assumption of Risk.

The Service is in beta. It is a work in progress made available for evaluation. It may contain bugs, change without notice, be unavailable, or lose or corrupt data. You should keep your own copies of any footage that matters to you and not rely on the Service to store it.

During the beta we provide the Service free of charge to founding testers. We may add, change, suspend or remove features, limits or the whole Service at any time, and we may end the beta or any person's access to it at any time.

Feedback. If you send us ideas, suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose without any obligation or payment to you.

You may need an account to use parts of the Service. You are responsible for keeping your login details secure and for everything that happens under your account. You agree to give accurate information, keep it up to date, and tell us promptly at hello@darce.app if you suspect any unauthorised use.

Accounts are personal to you and may not be shared, sold or transferred. We may refuse, suspend or cancel an account, reclaim a username, or limit access where we reasonably believe these Terms have been breached or to protect the Service or other users.

You own your content. As between you and us, you keep all rights you have in the footage, images, notes and other material you upload or create through the Service ("Your Content"). We do not claim ownership of it.

To run the Service, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, adapt, process and analyse Your Content (including by automated and machine-learning systems) for the purpose of operating, providing, securing and improving the Service and giving you your breakdowns. This licence ends when Your Content is deleted from our systems, except for backups kept for a limited time or where we must retain it by law. How long footage is kept is described in our Privacy Policy.

Training the AI is opt-in. We will not use Your Content to train our models for the benefit of other users unless you turn on the optional training-data setting, which is off by default. You can change it at any time. Turning it off does not affect lawful processing that already happened.

You are responsible for Your Content and for backing it up. You represent that you have all rights needed to upload it and to grant the licence above, and that it does not break the law or any third party's rights.

Filming and uploading video of other people can affect their privacy and other rights. By uploading footage you confirm that you have obtained all necessary consents and permissions from everyone who appears in it (and, where they are under 18, from their parent or guardian), and from the gym, academy or venue where it was filmed, to record the footage and have it processed by the Service as described in these Terms and our Privacy Policy.

If someone in your footage asks us to remove it, or we believe consent has not been obtained, we may remove or restrict it. You are responsible for, and you agree to indemnify us against, any claim arising from footage you upload without the required consent. See our Acceptable Use Policy for more.

DARCE is a training aid, not professional advice. The breakdowns, scores, drills, suggestions and other outputs the Service generates are produced automatically and may be inaccurate, incomplete or unsuitable for your situation. They are general information only and are not medical, health, coaching, professional or safety advice.

You should not rely on the Service to make decisions about your health or safety, and you should always train under appropriate qualified supervision. You are solely responsible for how you use any output. Full details are in our Disclaimer & Assumption of Risk, which forms part of these Terms.

You must use the Service lawfully and in line with our Acceptable Use Policy. Among other things, you must not misuse, attack, reverse engineer, scrape or overload the Service, upload unlawful or infringing content, or use the Service to harm others.

We may investigate suspected breaches and may remove content, and suspend or terminate access, in line with these Terms and that policy.

The Service is currently free during the beta. We may introduce paid features or subscription plans in future. If we do, we will tell you the price and terms before you are charged, and you can choose whether to subscribe.

Where paid plans apply, then unless stated otherwise: prices are in Australian dollars and may include GST; subscriptions may renew automatically until cancelled; you can cancel future renewals in your account or app-store settings; and we may change prices on reasonable notice. Payments made through the Apple App Store or Google Play are handled by those stores under their terms, including their billing and refund rules — see our App Licence (EULA).

Except where you have rights under the Australian Consumer Law or an app store's policy, fees already paid are non-refundable.

The Service, including the DARCE software, models, designs, text, graphics, the "DARCE" and "Kellert Labs" names and logos, and all related intellectual property, is owned by us or our licensors and is protected by law. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own training while you comply with these Terms.

You must not copy, modify, distribute, sell, licence, or create derivative works from any part of the Service, and you must not use Your Content or our outputs to build, train or improve a competing product or model, except to the extent the law does not allow this restriction.

The Service relies on third parties such as app stores, hosting and infrastructure providers, payment processors and AI providers, and may link to third-party sites or content. Their terms and privacy practices apply to your use of them, and we are not responsible for third-party services or content. The third parties we share information with are described in our Privacy Policy.

Nothing in these Terms excludes the Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). For major failures you are entitled to a replacement or refund and to compensation for other reasonably foreseeable loss or damage. You are also entitled to have services remedied if they are not of acceptable quality and the failure does not amount to a major failure.

To the extent the law allows us to limit our liability for breach of a guarantee (other than certain guarantees the law says we cannot limit), our liability is limited, at our option, to: for goods, replacing them or paying the cost of replacing them; and for services, supplying them again or paying the cost of having them supplied again.

Subject to the section above on the Australian Consumer Law and to the extent permitted by law, the Service is provided "as is" and "as available", and we make no warranties of any kind, whether express or implied, including as to accuracy, reliability, fitness for a particular purpose, availability, security, or that the Service or its outputs will be error-free or uninterrupted.

We do not warrant that any breakdown, score or recommendation is correct or suitable for you, and we are not responsible for decisions you make based on them. Please read our Disclaimer & Assumption of Risk.

This section does not exclude rights you cannot lawfully waive. Nothing in these Terms limits liability that cannot be limited by law, including under the Australian Consumer Law, or for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

Subject to that, and to the maximum extent permitted by law: we are not liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profits, revenue, data, goodwill or anticipated savings; we are not liable for loss or damage arising from Your Content, your failure to obtain any required consent, your reliance on AI outputs, or your training or other physical activity; and our total aggregate liability arising out of or in connection with the Service is limited to the greater of the amount you paid us for the Service in the 12 months before the event giving rise to the liability, or AUD $100.

You acknowledge that the limits in this section are reasonable given the Service is provided free during the beta and is a training aid only.

To the extent permitted by law, you agree to indemnify and hold harmless Kellert Labs and its personnel from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with: (a) your breach of these Terms or any policy that forms part of them; (b) Your Content; (c) your failure to obtain any consent required from people you film or from a venue; (d) your use of, or reliance on, the Service or its outputs; (e) your training or other physical activity; or (f) your breach of any law or any third party's rights.

You can stop using the Service and delete your account at any time. We may suspend or terminate your access, or stop providing all or part of the Service, where you breach these Terms, where we reasonably need to protect the Service, other users or our rights, or where we discontinue the beta or a feature.

On termination, your right to use the Service ends. We may delete Your Content in line with our Privacy Policy, and you should export anything you want to keep beforehand. Sections that by their nature should survive termination — including those on your content licence, IP, disclaimers, liability, indemnity and governing law — continue to apply.

We may update these Terms from time to time, for example to reflect changes to the Service, our practices, or the law. If we make a material change, we will take reasonable steps to let you know, such as by notice in the app, on the website or by email. Changes take effect when posted unless we say otherwise.

The date at the top of this page shows when these Terms were last updated. By continuing to use the Service after a change takes effect, you accept the updated Terms. If you do not agree, you should stop using the Service.

These Terms are governed by the laws of the State of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them. Nothing in this section affects rights you have to bring proceedings, or protections you enjoy, under the consumer laws of the place where you live.

Let's try to sort it out first. If you have a problem, please contact us at hello@darce.app before taking formal action. We will try to resolve disputes informally and in good faith.

If any part of these Terms is found to be unenforceable, the rest continues to apply. Our failure to enforce a right is not a waiver of it. You may not transfer your rights under these Terms without our consent; we may transfer ours, for example as part of a sale of our business, on notice to you. These Terms do not create any agency, partnership or employment relationship between us. We may give you notices through the Service or by email, and you can contact us at the address below.

Contact: Kellert Labs — hello@darce.app — Sydney, New South Wales, Australia.