Terms of Service

1. Interpretation and definitions

Capitalized terms have the meanings in this Section or elsewhere in these Terms. Definitions apply whether a term appears in the singular or the plural.

• Affiliate means any entity that controls, is controlled by, or is under common control with the Company, where “control” means ownership of at least fifty percent (50%) of the voting interests.
• App or Application means the mobile application titled “SaySet,” including related features, tools, content, and updates.
• Company, We, Us, or Our means Apterra Development Inc., an Ontario corporation. SaySet is distributed by Apterra Development Inc.
• Device means any device capable of accessing the Service.
• Privacy Policy means the SaySet Privacy Policy, available in the App under Profile → Legal.
• Service means, collectively, the App and any associated software, content, voice-logging tools, and other services we offer in connection with SaySet.
• User Content means audio, transcripts, workout logs, training-profile answers, custom exercise names, display name, and other content you submit through the Service.
• You means the individual using the Service, or the parent or legal guardian who consents to a minor’s use.

2. Agreement to Terms

Your access to and use of the Service is conditioned on your acceptance of these Terms and the Privacy Policy. If you do not agree, you must discontinue use of the Service.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “You” includes that organization.

3. Eligibility; age requirements

You represent and warrant that you are at least 13 years old, or the minimum age of digital consent in your jurisdiction if that age is higher.

If you are under the age of majority in your jurisdiction (18 in Ontario), you may use the Service only with the consent and supervision of a parent or legal guardian, who agrees to be responsible for your use of the Service.

The Service is not directed to children under 13, and we do not knowingly permit them to create accounts.

4. Accounts

Some features require an account. You may create an account using a supported sign-in method, currently Apple Sign In or Google Sign In.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to keep it reasonably updated.

Notify us immediately at hello.sayset@gmail.com if you suspect unauthorized use of your account. We are not responsible for loss arising from unauthorized use that results from your failure to keep your account secure.

5. The Service

SaySet is a workout-tracking application. It lets you log exercises, sets, reps, weight, distance, and duration — including by speaking a set into your Device microphone — and to review workout history and progress over time.

During onboarding, you may optionally provide training preferences such as experience level, workout frequency, training style, and a primary goal. Those answers are used to personalize the App, not to provide coaching or medical advice.

SaySet is a tracking tool. It does not provide personal training, medical advice, physiotherapy, or nutrition advice, and no part of the Service should be treated as such. See Section 6.

We may add, change, or discontinue features. We do not guarantee that any particular feature will remain available.

6. Health, fitness, and safety disclaimers

SaySet is not a medical device and does not provide medical, health, fitness, or nutrition advice. The Service is intended solely to help you record and review information about your own workouts.

• Voice transcriptions, parsed sets, progress charts, and training-profile summaries are automated approximations and may be incomplete or inaccurate.
• The Service is not intended to diagnose, treat, cure, or prevent any disease or injury.
• Consult a physician or other qualified professional before beginning any exercise program, especially if you have a pre-existing medical condition, are pregnant, or have been inactive.
• You are solely responsible for your own safety while exercising, including form, equipment, load selection, and supervision.
• SaySet does not guarantee any fitness outcome, including strength gains, muscle growth, or fat loss.
• You use the Service, and engage in any physical activity referenced or logged through it, at your own risk.

7. Voice logging

By using SaySet’s voice features (including the in-app logger and any onboarding try-it demo), you consent to us capturing audio input and processing it — including on your Device and, when needed, via third-party providers described in the Privacy Policy — to generate a transcript and structured workout data.

You are responsible for the accuracy of what you say and for reviewing logged sets. We are not responsible for logging errors resulting from background noise, misheard speech, speech-recognition limits, or model interpretation. You can review and edit logged sets manually.

Do not use voice logging to record other people without their knowledge and lawful consent, and do not include information you do not want processed (for example, another person’s name or health details).

Voice features may be rate-limited to prevent abuse and to manage cost and reliability.

8. User Content; license grant

You retain ownership of your User Content.

You grant Apterra Development Inc. a limited, non-exclusive, worldwide, royalty-free license to host, process, store, display, and create derivative technical representations of your User Content solely as needed to operate, secure, and improve the Service (for example, converting speech to a logged set). This license is not a right to sell your User Content or to use it for advertising.

We do not use your voice recordings or workout logs to train advertising models, and we do not grant ourselves an unrestricted right to train general-purpose AI models on your User Content for unrelated products.

You represent that you have the right to submit your User Content and that it does not violate any law or third-party right.

9. Prohibited uses

You agree not to:

• Use the Service for any unlawful purpose
• Submit content that is unlawful, harmful, harassing, or that infringes another person’s rights
• Record or upload another person’s voice or personal information without lawful consent
• Attempt to reverse-engineer, decompile, or extract source code from the App, except as permitted by law
• Circumvent security, rate limits, or access controls, or probe the Service for vulnerabilities without our written permission
• Interfere with or disrupt the Service’s operation, including by overloading voice-processing endpoints
• Use automated means (bots, scrapers, or similar) to access the Service without our permission
• Impersonate any person or entity, or misrepresent your affiliation
• Use the Service to develop a competing product by systematically extracting our content or models

We may suspend or terminate accounts that violate these Terms, or that we reasonably believe pose a security, legal, or abuse risk.

10. Subscriptions, billing, and in-app purchases

SaySet is currently offered without in-app paid subscriptions or in-app purchases.

If we introduce paid features later, they will be billed through third-party platforms such as the Apple App Store or Google Play Store. Those platforms’ terms will govern payment processing, renewals, and refunds. We will update these Terms before charging for any subscription.

If subscriptions are introduced, they would typically renew automatically unless cancelled at least 24 hours before the current period ends, as required by the applicable store. Manage or cancel any such purchase in your Apple or Google account settings, not through SaySet.

We do not receive or store your full payment card number. Store operators process payments.

11. Third-party services

The Service relies on third-party services, including Apple, Google, our hosting and authentication provider (currently Supabase), and speech/language providers used for voice logging (currently OpenAI). Those services are governed by their own terms and privacy policies.

We do not control and are not responsible for third-party services, including outages, transcription errors, or changes to their features. Your use of sign-in providers (Apple or Google) is also subject to those providers’ terms.

12. Intellectual property

The Service, including its design, branding, text, graphics, exercise catalog (excluding User Content), and underlying software, is owned by Apterra Development Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws.

These Terms do not grant you any rights to SaySet’s or Apterra Development Inc.’s trademarks, logos, or brand assets. You may not copy, modify, distribute, sell, or reverse-engineer any part of the Service except as permitted by law or with our prior written consent.

13. Copyright complaints

If you believe content in the Service infringes your copyright, send a notice to hello.sayset@gmail.com with “Copyright” in the subject line. Include: (a) a description of the work; (b) where the material appears in the App; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act; and (f) your physical or electronic signature.

We may remove or disable alleged infringing material and, where appropriate, terminate repeat infringers. This Section is a notice procedure and does not mean we have designated a statutory copyright agent in every jurisdiction.

14. Termination

You may stop using SaySet and delete your account at any time from Profile → Delete account in the App, or by emailing hello.sayset@gmail.com with the email address on your account.

When you delete your account, we close your login and clear personal fields associated with your workout and profile data (values are set to empty/null where rows are kept for integrity, rather than always physically deleting every historical row). Custom exercises, aliases, and onboarding records associated with you are removed or anonymized as described in the Privacy Policy. This cannot be undone.

We may suspend or terminate your access if you violate these Terms, if required for security or legal reasons, or with reasonable notice where appropriate.

Upon termination, the license granted to you ends. Sections that by their nature should survive (including disclaimers, limitation of liability, indemnity, and governing law) will survive.

15. “AS IS” and “AS AVAILABLE” disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT VOICE TRANSCRIPTION, PARSED SETS, OR PROGRESS DATA WILL BE ACCURATE OR COMPLETE.

Some jurisdictions do not allow certain warranty exclusions. In those places, the exclusions apply only to the maximum extent permitted by law. Nothing in these Terms limits non-waivable consumer rights under Ontario law or other applicable consumer-protection laws.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APTERRA DEVELOPMENT INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING FROM YOUR USE OF THE SERVICE, INCLUDING ANY PHYSICAL INJURY SUSTAINED WHILE EXERCISING.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID APTERRA DEVELOPMENT INC. FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) CAD $100.

These limits do not apply to liability that cannot be limited under applicable law, including (where such rules apply) liability for fraud, or for death or personal injury caused by our negligence. If you are a consumer in Ontario or another jurisdiction with mandatory consumer protections, your statutory rights remain.

17. Indemnification

You agree to indemnify and hold harmless Apterra Development Inc. and its officers, directors, and employees from any claims, damages, or expenses (including reasonable legal fees) arising from your violation of these Terms, your User Content, or your misuse of the Service, except to the extent caused by our own negligence or willful misconduct, or to the extent such indemnity is not permitted for consumers in your jurisdiction.

18. Apple App Store additional terms

If you downloaded SaySet from the Apple App Store, you acknowledge that:

• These Terms are between you and Apterra Development Inc. only, not Apple
• Apple has no obligation to provide maintenance or support for the App
• In the event of a failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation
• Apple is not responsible for addressing claims relating to the App, including product-liability, legal-compliance, or consumer-protection claims, or claims that the App infringes a third party’s intellectual property
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you
• You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government restricted-party list

19. Google Play additional terms

If you downloaded SaySet from Google Play, your use is additionally subject to the Google Play Terms of Service, and Google is not responsible for the App or these Terms.

20. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Subject to Section 21 and to any mandatory consumer protections that apply where you live, the courts of Ontario will have jurisdiction over disputes arising from these Terms.

21. Dispute resolution

If you have a concern, please contact us first at hello.sayset@gmail.com so we can try to resolve it informally.

If we cannot resolve the dispute informally, either party may pursue relief in the courts of Ontario, unless mandatory law in your place of residence requires another forum or prohibits this choice of venue.

We do not require you to waive class, representative, or collective proceedings, or to submit to binding arbitration, where doing so would be unenforceable under Ontario consumer-protection law or other applicable law. If a court finds any dispute-resolution term unenforceable as to you, that term is severed and the remainder of these Terms continues in effect.

22. Severability and waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. Failure to enforce a right is not a waiver of that right. These Terms, the Privacy Policy, and the EULA (as applicable) are the entire agreement between you and us regarding the Service and supersede prior agreements on that subject.

You may not assign these Terms without our consent. We may assign them in connection with a reorganization, merger, or sale of assets.

23. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice through the App or by email where appropriate, and update the “Last updated” date above. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, stop using the Service and delete your account.

24. Contact us

Questions about these Terms:

Apterra Development Inc.

Ontario, Canada

SaySet

Email: hello.sayset@gmail.com