Tirata

Terms of Service

Effective date: June 5, 2026

Last updated: June 5, 2026

These Terms of Service (the “Terms”) form a binding agreement between you and Tirata, Inc., a Delaware corporation (“Tirata,” “we,” “us,” or “our”), and govern your access to and use of the Tirata mobile application and related services (collectively, the “Service”). Tirata provides off-bike strength training and injury-prevention programs for cyclists. Please read these Terms carefully.

Please read these sections carefully. Section 9 (Health, Fitness, and Assumption of Risk) contains important safety information and an assumption of risk. Section 14 (Dispute Resolution; Arbitration; Class Action Waiver) requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in class actions. You may opt out of arbitration as described in Section 14.Contents

Contents

1. Acceptance of these Terms

2. Eligibility

3. The Service

4. Your account

5. Subscriptions, billing, and auto-renewal

6. License to use the app

7. Acceptable use

8. Intellectual property and feedback

9. Health, fitness, and assumption of risk

10. Third-party services and App Stores

11. Disclaimer of warranties

12. Limitation of liability

13. Indemnification

14. Dispute resolution; arbitration; class action waiver

15. Governing law and venue

16. Suspension and termination

17. Changes to these Terms

18. Miscellaneous

19. Contact us

1. Acceptance of these Terms

By creating an account, downloading or installing the app, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

2. Eligibility

The Service is intended only for individuals who are at least 18 years old and reside in the United States. By using the Service, you represent and warrant that you are 18 or older, that you are able to form a binding contract, and that your use complies with all applicable laws. We do not knowingly permit use by anyone under 18.

3. The Service

Tirata generates personalized strength-training programs and schedules, suggests exercises, and lets you track your training. The programs are produced automatically based on the information you provide, general training principles, and our methodology. They are general fitness guidance, are not individualized medical, physical-therapy, or professional coaching advice, and may not be suitable for every person. We may modify, suspend, or discontinue any part of the Service at any time, and we may add, change, or remove features.

4. Your account

To use most features you must create an account using an email and password or a supported sign-in provider (such as Apple or Google). You agree to provide accurate information and to keep it current. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at support@tirata.app if you suspect unauthorized use. We may suspend or terminate accounts as described in Section 16.

5. Subscriptions, billing, and auto-renewal

5.1 Paid subscriptions

Certain features require a paid subscription. Pricing, billing frequency, and features are presented to you at the point of purchase. All purchases are processed through the Apple App Store or Google Play (the “App Stores”), not by Tirata directly, and are also subject to the applicable App Store’s terms.

5.2 Automatic renewal

By starting a subscription, you acknowledge and agree to the following:

  • Your subscription automatically renews for successive periods of the same length (for example, monthly or annually) at the then-current price until you cancel.

  • Your payment method (your App Store account) will be charged at confirmation of purchase and again at the start of each renewal period.

  • Unless you cancel at least 24 hours before the end of the current period, the subscription will renew, and the renewal charge will apply automatically.

  • You can manage or cancel your subscription, and turn off auto-renewal, in your App Store account settings. Deleting the app does not cancel your subscription.

  • If we offer a free trial or introductory offer, any unused portion is forfeited when you purchase a subscription, and the subscription begins (and billing starts) when the trial ends unless you cancel beforehand.

5.3 Price changes

We may change subscription prices. If a price change applies to your renewal, we will provide notice as required by the App Stores and applicable law, and the new price will take effect on your next renewal unless you cancel.

5.4 Refunds

Except where required by law, payments are non-refundable, and Tirata does not provide refunds or credits for partial periods. Because purchases are processed by the App Stores, refund requests are handled by Apple or Google under their respective policies.

6. License to use the app

Subject to these Terms, Tirata grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the app on a device you own or control, for your own personal, non-commercial use. This license is also subject to the usage rules of the applicable App Store.

7. Acceptable use

You agree not to, and not to permit anyone to:

  • Copy, modify, distribute, sell, lease, reverse engineer, decompile, or attempt to extract the source code of the Service, except where such restriction is prohibited by law.

  • Access the Service to build a competing product, or scrape, harvest, or collect data from the Service.

  • Use the Service in any unlawful, fraudulent, or harmful way, or to infringe the rights of others.

  • Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or related systems.

  • Circumvent or disable any security, authentication, or usage-limit features, or use the Service other than through the interfaces we provide.

  • Share, resell, or provide your account access to others.

8. Intellectual property and feedback

The Service, including its software, content, training programs, exercise library, text, graphics, logos, and the “Tirata” name and marks, is owned by Tirata or its licensors and is protected by intellectual property laws. Except for the license in Section 6, we grant you no rights in the Service. You retain ownership of information you submit, such as your training data.

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

9. Health, fitness, and assumption of risk

Tirata is a general fitness product, not a medical device or healthcare service. The Service does not provide medical advice, diagnosis, or treatment, and is not a substitute for the advice of a physician, physical therapist, or other qualified professional. Always consult a qualified professional before beginning any exercise program, and do not disregard or delay seeking professional advice because of anything in the Service.

Strength training and physical exercise involve inherent risks, including the risk of serious injury, disability, or death. By using the Service, you acknowledge these risks and voluntarily assume them. You are solely responsible for exercising safely, using proper form and appropriate equipment, and staying within your own physical limits. Stop exercising and seek medical attention if you experience pain, dizziness, shortness of breath, or other warning signs. You represent that you are in good health and have no condition that would make exercise unsafe, or that you have obtained clearance from a qualified professional.

10. Third-party services and App Stores

The Service relies on and integrates with third-party services and platforms, including the App Stores and sign-in providers. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them.

10.1 Apple-specific terms

If you download the app from the Apple App Store, the following apply. These Terms are between you and Tirata only, not Apple, and Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support for the app. To the maximum extent permitted by law, Apple has no warranty obligation for the app, and any claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Tirata’s responsibility. Apple is not responsible for addressing any claims relating to the app, including product liability, legal or regulatory non-compliance, or consumer protection claims, or any third-party claim that the app infringes intellectual property rights. You must comply with applicable third-party terms and the App Store usage rules when using the app. You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TIRATA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR ANY TRAINING PROGRAM WILL ACHIEVE ANY PARTICULAR FITNESS OR PERFORMANCE RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIRATA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR FOR PERSONAL INJURY ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIRATA’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TIRATA (OR THROUGH THE APP STORES FOR THE SERVICE) IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless Tirata and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

14. Dispute resolution; arbitration; class action waiver

Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court.

14.1 Informal resolution first

Before filing a claim, you agree to try to resolve the dispute informally by emailing support@tirata.app with a description of the dispute. We will try to resolve it for at least 30 days before either party starts an arbitration.

14.2 Binding arbitration

Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court. The arbitration may be conducted by telephone, video, written submissions, or in person at a mutually agreed location. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

14.3 Class action waiver

You and Tirata agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of class proceeding. You and Tirata waive any right to a jury trial.

14.4 Exceptions

Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or to address unauthorized access to the Service.

14.5 Your right to opt out of arbitration

You may opt out of the arbitration and class-action-waiver provisions by emailing support@tirata.app with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms, stating your name and that you wish to opt out. If you opt out, the rest of these Terms still apply.

15. Governing law and venue

These Terms and any dispute arising from them are governed by the laws of the State of California, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 14. To the extent any dispute is not subject to arbitration, you and Tirata consent to the exclusive jurisdiction of the state and federal courts located in Santa Cruz County, California, subject to any mandatory consumer protections of your state of residence.

16. Suspension and termination

You may stop using the Service and delete your account at any time within the app. We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms, to protect the Service or other users, or as otherwise permitted by law. Upon termination, your license to use the app ends. Sections that by their nature should survive termination — including Sections 8, 9, and 11 through 15 — will survive.

17. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and provide notice as appropriate, such as within the app. Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect means you accept the revised Terms.

18. Miscellaneous

  • Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Tirata regarding the Service and supersede any prior agreements.

  • Severability. If any provision is found unenforceable, the remaining provisions remain in effect.

  • No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

  • Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

  • Notices. We may provide notices to you through the app or the email associated with your account.

19. Contact us

Questions about these Terms? Contact us:

  • Email: support@tirata.app

  • Company: Tirata, Inc. (a Delaware corporation)

  • Mailing address: 995 Old Farm Ln, Aptos, CA 95003