DELVA Terms of Use

Effective date: October 17, 2026 · Version: 1.0

Please read these Terms carefully. In particular:

Exercise carries a risk of injury. The Service is not medical advice, and its feedback is automated and can be wrong (sections 2 and 3).

These Terms limit our liability and include your release of certain claims, to the extent the law allows (sections 16 to 18).

1. Agreement

These Terms of Use ("Terms") are an agreement between you and Eidovis, Inc. ("Eidovis", "we", "us"). They cover your use of the DELVA app, including test versions, and the services we provide through it (together, the "Service").

You accept these Terms by signing in to the app, where the sign-in screen says that by signing up you agree to them, or by using the Service. If you don't agree, don't use the Service.

Our Privacy Policy explains how we handle personal information, what the app collects and the choices you have. These include the Share movement data switch in the app and the camera, microphone and notification permissions in your iPhone's Settings. Accepting these Terms is not consent to any particular use of your health or fitness data.

2. Health and safety — please read

2.1 Not medical advice. The Service gives general fitness information and automated feedback on exercise. It is not medical advice, diagnosis or treatment, and it doesn't replace a doctor, physical therapist or qualified trainer. It is not a medical device.

2.2 Check with a doctor first. Talk to a doctor before you start or change an exercise program, especially if any of the following applies:

you have a heart condition, high blood pressure, or any other medical condition;
you are pregnant or have recently given birth;
you are recovering from an injury or surgery;
you take medication that affects your heart rate or balance;
you have been inactive for a long time, or you are over 35 and new to exercise.

By using the Service, you confirm that one of two things is true:

you have no condition that makes it unsafe for you to exercise; or
a doctor has approved the kind of exercise the Service offers.

2.3 Listen to your body. Stop right away if you feel pain, dizziness, faintness, shortness of breath, chest pain or discomfort. If symptoms are severe or don't go away, get medical help.

You decide how hard to work, how many reps to do, and whether to do a movement at all. Nothing in the Service requires you to keep going. Streaks, reminders, challenges and crew boosts are only encouragement. Skip, rest or stop whenever you need to. In timed exercises the clock may keep running while you rest, and your score counts only the work you do. A lower score is never a reason to keep going through pain, dizziness or exhaustion.

2.4 Your workout space. You are responsible for:

a clear, safe space with enough room, a stable, non-slip floor and good lighting;
keeping children, pets and other people out of the way;
placing your phone, and any TV you cast to, so they are stable and can't fall;
keeping cables out of your way;
any equipment you use being in good condition and suitable for you.

Check your space before every workout.

2.5 Casting to a TV. When you cast a workout to a TV, the live camera picture appears on the TV. Anyone in the room can see it. Decide who can see your screen before you cast.

3. How the Service works, and its limits

The app uses your phone's camera to estimate your body's position. It does this on your phone, to count reps and give feedback on your form. The coaching audio it plays during workouts is pre-recorded and triggered automatically.

3.1 Feedback is automated and may be wrong. Rep counts, form scores, form cues and other feedback are estimates made by software. No person is watching your workout. Accuracy depends on things like:

where you place your phone and the camera angle;
lighting and clothing;
whether parts of your body are hidden;
your phone's performance.

The Service may miss or miscount reps, or misjudge your form, including when you're doing something unsafe. Don't rely on the Service as your only check that you are exercising safely.

For each exercise, the app checks only some aspects of form, and for some exercises very few. A high form score or a word of praise means only that the app saw few of the problems it checks for. It doesn't mean your form was safe.

3.2 No guaranteed results. We don't promise any particular fitness, health, strength, weight or other outcome.

4. Who can use the Service

4.1 Age. You must be at least 13 years old to use the Service. If you are under 18, or under the age of majority where you live, you may use the Service only if a parent or guardian has read these Terms and agrees to them for you.

4.2 Eligibility and location. You must not be barred from using the Service under any applicable law. The App Store version of the Service is currently offered only in the United States.

5. Your account

5.1 Signing in. You sign in with your Apple or Google account. Their terms also apply to how you use them, and we don't receive your password.

5.2 Accurate information. Give accurate information in your profile, and keep it up to date. The Service uses it, for example, to estimate calories and, where offered, to choose and schedule your workouts.

5.3 Household profiles. You can add profiles for other people, for example in your household. If you do:

you must have their permission;
each person must meet the age requirement in section 4;
you must show them these Terms and our Privacy Policy, including sections 2, 3 and 16 of these Terms and how movement data is shared, and they must agree to these Terms before they use the Service;
you are responsible for how those profiles are used.

5.4 Security. You are responsible for activity under your account and for keeping your phone and sign-in accounts secure. Tell us promptly if you think someone has used your account without permission.

5.5 Deleting your account. You can delete your account at any time in the app (Profile → Delete Account). Our Privacy Policy explains what is deleted and what is kept.

6. Privacy

Our Privacy Policy, and for some US states our Consumer Health Data Privacy Policy, explain what we collect and how we use it. They also explain the choices you have, including the Share movement data switch.

7. Crews and community rules

Crews let you train with a small group of people who join by invitation. Other crew members, and anyone holding a live invite to your crew, can see the information described in our Privacy Policy, including your display name.

7.1 Zero tolerance. We have no tolerance for objectionable content or abusive users. In crews, and anywhere else in the Service, you must not:

harass, bully, threaten, stalk or intimidate anyone;
post or send content that is hateful, discriminatory, sexually explicit, violent, defamatory or otherwise objectionable, including in crew names and display names;
impersonate anyone, or misrepresent who you are;
share anyone's personal information without their permission;
spam, scam or send unsolicited promotions;
encourage dangerous exercise, self-harm or disordered eating;
break the law, or encourage anyone else to.

7.2 Reporting. If you see a crew, a crew name, a display name or a member that breaks these rules, email contact@eidovis.ai. We review reports and act as quickly as we can, by removing content and, where warranted, removing the person who posted it. You can leave a crew at any time.

7.3 What we may do. If we believe someone has broken these rules, we may do any of the following:

remove content;
rename or dissolve a crew;
remove a member;
suspend or end an account.

We may do this without notice, although we'll try to tell you why when it's appropriate. If you think we made a mistake, contact us.

8. Your content and feedback

8.1 Your content. You keep ownership of the content you create in the Service, such as crew names, display names, issue-report notes and voice answers ("Your Content"). You give us a non-exclusive, worldwide, royalty-free license to host, store, copy, display and transmit Your Content. We use it only to operate and improve the Service and as our Privacy Policy describes. The license ends when Your Content is deleted from our systems, except for copies other users already received and copies kept as our Privacy Policy describes. You are responsible for Your Content and confirm you have the right to share it.

8.2 Feedback. If you send us ideas or suggestions about the Service, we may use them without any obligation to you. This covers ideas in your feedback, issue reports and voice answers; section 8.1 covers the content itself. This doesn't give us any rights in your personal information beyond those in our Privacy Policy.

8.3 Reviews. Nothing in these Terms limits your right to publish honest reviews of the Service.

9. Test versions

We may offer versions or features of the Service that are labeled alpha, beta, test, preview or TestFlight ("Test Versions"). Test Versions:

may change, stop working, or be removed at any time;
may contain errors;
may lose or reset data, such as workout history or crews;
may include features, like workout video, that work as our Privacy Policy describes for test versions;
are provided "as is", even more so than the rest of the Service.

Please don't share screenshots or details of unreleased features publicly. This is a request, not a contract term, and it doesn't limit section 8.3.

10. Our rights and your license to use the app

The Service, including its software, exercises, audio, designs and trademarks, belongs to Eidovis or its licensors and is protected by law.

Subject to these Terms, we give you a limited, revocable, non-exclusive, non-transferable license to use the app for your personal, non-commercial use. You may use it on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (see section 22). We keep all rights we don't expressly give you.

11. Acceptable use

You must not:

copy, modify, distribute, sell or lease any part of the Service, except as the law allows;
reverse engineer the app or try to extract its source code, except as the law allows;
access the Service by automated means, or scrape, overload or interfere with it;
bypass any security, usage limit or access control;
use the Service to build a competing product;
use the Service to collect information about other users;
use the Service in any way that breaks the law or harms others.

12. Third-party services

The Service works with services we don't control, such as:

Sign in with Apple and Google sign-in;
Apple's notification service;
AirPlay and your TV.

Your use of those services is subject to their own terms and policies. You must follow any third-party terms that apply when you use the Service, such as your wireless data plan; uploads can use cellular data. We aren't responsible for third-party services.

13. Changes to the Service

We may add, change, suspend or stop any part of the Service at any time. If a change significantly affects your use of the Service, we'll try to give you reasonable notice.

14. Changes to these Terms

We may update these Terms. If we make a material change, we'll post the updated Terms on our website and change the date at the top at least 30 days before it takes effect. The exception is a change the law requires or one that fixes a safety or security issue. If you keep using the Service after a change takes effect, you accept the new Terms.

Changes apply only going forward. They don't apply to any dispute that you or we have already given notice of.

15. Ending this agreement

By you. You can stop using the Service at any time, and delete your account in the app.

By us. We may suspend or end your access if:

you break these Terms;
we need to, to protect you, other users or the Service;
the law requires it;
we stop offering the Service.

What survives. Sections 2, 3, 8, the first paragraph of 10, and 16 to 27 continue to apply after this agreement ends.

16. Assumption of risk and release

16.1 Assumption of risk. Exercise, including jumping, high-intensity interval and timed exercises, involves risks, including falls, muscle strains and other injuries. It can, rarely, lead to serious injury, heart problems or death. These risks exist even when exercise is done correctly and when feedback is accurate. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU CHOOSE TO USE THE SERVICE AND TO EXERCISE AT YOUR OWN RISK.

16.2 Release. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE EIDOVIS AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM CLAIMS FOR INJURY, ILLNESS OR DEATH ARISING FROM YOUR EXERCISE WHILE USING THE SERVICE, INCLUDING CLAIMS BASED ON ORDINARY NEGLIGENCE. This release does not apply to claims arising from our:

gross negligence;
willful misconduct;
fraud;
violation of law;
any other liability that cannot be released under applicable law.

17. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. EIDOVIS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT.

IN PARTICULAR, WE DON'T WARRANT THAT:

REP COUNTS, FORM SCORES OR OTHER FEEDBACK WILL BE ACCURATE OR COMPLETE;
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
YOUR DATA WILL NEVER BE LOST.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

EIDOVIS IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS;
EIDOVIS'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED US DOLLARS (US $100).

What these limits don't cover. Nothing in these Terms excludes or limits liability that can't be excluded or limited under applicable law. That includes, where the law requires, liability for:

death or personal injury caused by negligence;
gross negligence or willful misconduct;
fraud.

These Terms don't limit our liability to you beyond what applicable law permits.

19. Indemnity

To the extent permitted by law, you agree to defend and indemnify Eidovis against third-party claims, and the related losses and reasonable costs, arising from:

Your Content; or
your violation of these Terms or of anyone else's rights.

This section doesn't apply to claims caused by our own conduct. It doesn't cover claims by anyone for their own injury, illness or death, including people who use a profile on your account.

20. Dispute resolution

20.1 Try to resolve it informally first. Before going to court, please contact us at contact@eidovis.ai so we can try to resolve the dispute. Both of us will try in good faith for 30 days.

20.2 Courts. Any dispute arising from or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Santa Clara County, California, and you and Eidovis submit to their jurisdiction. Two exceptions:

you may bring an individual claim in the small-claims court for the county where you live;
this section doesn't take away any right you have under applicable consumer-protection law to bring a claim in the courts where you live.

21. Governing law

The laws of the State of California govern these Terms and any dispute between us, without regard to its conflict-of-laws rules. This doesn't take away any protection you have under consumer-protection laws of the place you live that can't be waived by contract.

22. Apple App Store terms

This section applies if you got the app from Apple's App Store. If this section conflicts with anything else in these Terms about Apple's rights or responsibilities, this section controls.

22.1 Agreement between you and Eidovis only.

These Terms are concluded between you and Eidovis only, and not with Apple Inc. ("Apple").
Eidovis, not Apple, is solely responsible for the app and its content.
These Terms don't provide for usage rules for the app that conflict with the Apple Media Services Terms and Conditions or the Volume Content Terms.

22.2 Scope of license. Your license to use the app is a non-transferable license to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The exception is that the app may be accessed, acquired and used by other accounts associated with the purchaser through Family Sharing, volume purchasing or Legacy Contacts.

22.3 Maintenance and support. Eidovis is solely responsible for providing any maintenance and support for the app, as stated in these Terms or as required by applicable law. You and Eidovis acknowledge that Apple has no obligation whatsoever to provide any maintenance and support services for the app.

22.4 Warranty. Eidovis is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you, if any.
To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app.
Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Eidovis's sole responsibility.

22.5 Product claims. You and Eidovis acknowledge that Eidovis, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including:

product liability claims;
any claim that the app fails to conform to any applicable legal or regulatory requirement;
claims arising under consumer protection, privacy or similar legislation, including in connection with any use by the app of the HealthKit or HomeKit frameworks.

These Terms don't limit Eidovis's liability to you beyond what applicable law permits.

22.6 Intellectual property. You and Eidovis acknowledge that if a third party claims that the app, or your possession and use of it, infringes that third party's intellectual property rights, Eidovis, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.

22.7 Legal compliance. You represent and warrant that:

you are not located in a country or region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country or region;
you are not listed on any U.S. Government list of prohibited or restricted parties.

22.8 Developer name and address. Send questions, complaints or claims about the app to Eidovis, Inc., Sunnyvale, CA 94086, email contact@eidovis.ai.

22.9 Third-party terms. You must comply with applicable third-party terms of agreement when using the app; for example, you must not be in violation of your wireless data service agreement.

22.10 Third-party beneficiary. You and Eidovis acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

23. Export controls and sanctions

You may not use, export or re-export the app except as authorized by United States law and the laws of the place where you got it. In particular, you may not use the Service if you are subject to U.S. sanctions.

24. Electronic communications

You agree that we may communicate with you electronically, including in the app and by email to your account address. You agree that electronic notices, agreements and records satisfy any legal requirement that they be in writing.

25. Notices for specific places

California. Under California Civil Code §1789.3, California users are entitled to the following:

The Service is provided by Eidovis, Inc., Sunnyvale, CA 94086.
The Service is currently free of charge.
To make a complaint, contact us at contact@eidovis.ai. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

New Jersey. Nothing in these Terms limits a right you have under New Jersey law that can't be waived by contract.

26. General

Entire agreement. These Terms are the entire agreement between you and Eidovis about the Service. Our privacy policies explain how we handle information; they are not part of this agreement.
Severability. If any part of these Terms can't be enforced, the rest still applies.
No waiver. If we don't enforce a right, that doesn't waive it.
Assignment. You may not transfer these Terms. We may transfer them as part of a merger, acquisition or sale of assets, or to an affiliate.
Events beyond our control. We aren't responsible for delays or failures caused by events beyond our reasonable control.
Headings and examples. Headings are for convenience only. "Including" means "including without limitation".

27. Contact

Eidovis, Inc.
Sunnyvale, CA 94086
Email: contact@eidovis.ai